Common use of Unavailability of a currency Clause in Contracts

Unavailability of a currency. If before the applicable Specified Time, a Lender notifies the Facility Agent, or in the case of a Swingline Loan, the relevant Swingline 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 Facility Agent, or in the case of a Swingline Loan, the relevant Swingline Agent will give notice to the Company to that effect by the applicable Specified Time. In this event, any Lender that gives notice pursuant to this Clause ‎‎7.2 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 L▇▇▇▇▇'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.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)

Unavailability of a currency. If before the applicable Specified Time, a Lender notifies the Facility Agent, or in the case of a Swingline Loan, the relevant Swingline 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 Facility Agent, or in the case of a Swingline Loan, the relevant Swingline Agent will give notice to the Company to that effect by the applicable Specified Time. In this event, any Lender that gives notice pursuant to this Clause ‎‎7.2 will be required to participate in the Loan in the Base Currency (in an amount equal to that Lender's ’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that L▇▇▇▇▇'s ’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.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.)