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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Illegality
of
Funding
Notwithstanding
any other provision hereof, if
any Lender shall reasonably determine that any law, regulation, treaty or
directive, or any change therein or in the interpretation or application
thereof, shall make it unlawful for such Lender to make or maintain any
Eurodollar Advance as contemplated by this Agreement, such Lender shall promptly
notify the Borrower and the Administrative Agent thereof, and (a) the commitment
of such Lender to make such Eurodollar Advances or Convert ABR Advances to
such
Eurodollar Advances shall forthwith be suspended, (b) such Lender shall fund
its
portion of each requested Eurodollar Advance as an ABR Advance and (c) such
Lender’s Loans then outstanding as such Eurodollar Advances, if any, shall be
Converted automatically to an ABR Advance on the last day of the then current
Interest Period applicable thereto or at such earlier time as may be required.
If the commitment of any Lender with respect to Eurodollar Advances is suspended
pursuant to this Section and such Lender shall have obtained actual knowledge
that it is once again legal for such Lender to make or maintain Eurodollar
Advances, such Lender shall promptly notify the Administrative Agent and the
Borrower thereof and, upon receipt of such notice by each of the Administrative
Agent and the Borrower, such Lender’s commitment to make or maintain Eurodollar
Advances shall be reinstated. If the commitment of any Lender with respect
to
Eurodollar Advances is suspended pursuant to this Section, such suspension
shall
not otherwise affect such Lender’s Commitment.
3.8 |
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