Unavailability of a currency. (a) If before the Specified Time on any Quotation Day: (i) a Lender notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (ii) a Lender notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower (or the Parent on its behalf) to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 8.2 will be required to participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount, or in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period. (b) Any part of a Loan treated as a separate Loan under this Clause 8.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time. (c) A Loan will still be treated as such if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Clause 8.2.
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Sources: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)
Unavailability of a currency. (a) If before the Specified Time on any Quotation Day:
(ia) a Lender notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or
(iib) a Lender notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower (or and the Parent on its behalf) Company to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 8.2 14.2 will be required to participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency AmountAmount or, or in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period., provided that:
(bi) Any any part of a Loan treated as a separate Loan under this Clause 8.2 14.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.; and
(cii) A a Loan will still be treated as such a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Clause 8.214.2.
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Unavailability of a currency. (a) If before the Specified Time on any Quotation Day:
(i) a Lender notifies the Facilities Agent that the Optional Currency requested is not readily available to it in the amount required; or
(ii) a Lender notifies the Facilities Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facilities Agent will give notice to the Company and the relevant Borrower (or the Parent on its behalf) to that effect by promptly and in any event no later than the Specified Time on that day. In this event, any .
(b) Any Lender that gives notice pursuant to this Clause 8.2 paragraph (a) above will be required to participate in the Loan in the Base Currency for the Tranche requested (in an amount equal to that Lender’s proportion of the Base Currency AmountAmount for that Tranche or, or in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency for that Tranche during that Interest Period.
(bc) Any part of a Loan treated as a separate Loan under this Clause 8.2 11.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
(cd) A Loan will still be treated as such a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Clause 8.211.2.
Appears in 1 contract
Sources: Multicurrency Revolving Facilities Agreement (Carnival PLC)
Unavailability of a currency. (a) If before the Specified Time on any Quotation Day:
(i) a Lender notifies the Facilities Agent that the Optional Currency requested is not readily available to it in the amount required; or
(ii) a Lender notifies the Facilities Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facilities Agent will give notice to the Company and the relevant Borrower (or the Parent on its behalf) to that effect by promptly and in any event no later than the Specified Time on that day. In this event, any .
(b) Any Lender that gives notice pursuant to this Clause 8.2 10.2(a) will be required to participate in the Loan in the Base Currency for the Tranche requested (in an amount equal to that Lender’s proportion of the Base Currency AmountAmount for that Tranche or, or in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency for that Tranche during that Interest Period.
(bc) Any part of a Loan treated as a separate Loan under this Clause 8.2 10.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
(cd) A Loan will still be treated as such a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Clause 8.210.2.
Appears in 1 contract
Sources: Facilities Agreement (Carnival PLC)