|
|
 | | | |
- close
- close
- close
- close
| |||||||||
This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Affected
Advance”), the Administrative
Agent shall promptly notify the Borrower and the Lenders (by telephone or
otherwise, to be promptly confirmed in writing) of such determination on or,
to
the extent practicable, prior to the requested Borrowing Date or conversion
date
for such Affected Advances. If the Administrative Agent shall give such notice,
(A) any Affected Advances shall be made as ABR Advances (or, subject to the
terms and conditions hereof, Competitive Bid Loans), (B) the Loans (or any
portion thereof) that were to have been Converted to Affected Advances shall
be
Converted to or continued as ABR Advances (or, subject to the terms and
conditions hereof, Competitive Bid Loans), and (C) any outstanding Affected
Advances shall be Converted, on the last day of the then current Interest Period
with respect thereto, to ABR Advances (or, subject to the terms and conditions
hereof, Competitive Bid Loans). Until any notice under clauses (i) or (ii),
as
the case may be, of this Section 3.8(b) has been withdrawn by the Administrative
Agent (by notice to the Borrower) promptly upon either (x) the Administrative
Agent having determined that such circumstances affecting the relevant market
no
longer exist and that adequate and reasonable means do exist for determining
the
Eurodollar Rate pursuant to Section 2.3 or Section 3.3, or (y) the
Administrative Agent having been notified by such Required Lenders that
circumstances no longer render the Loans (or any portion thereof) Affected
Advances, no further Eurodollar Advances shall be required to be made by the
Lenders nor shall the Borrower have the right to Convert all or any portion
of
the Loans to Eurodollar Advances.
3.9 |
| |||||||
