Common use of Additional Fixed Rate Provisions Clause in Contracts

Additional Fixed Rate Provisions. If at any time Lender reasonably determines that for any reason adequate and reasonable means do not exist for ascertaining the LIBO Rate or the LIBO Rate generally becomes unavailable to Lender, Lender shall promptly give notice thereof to Borrower, and upon the giving of such notice, no new Fixed Rate may be selected by Borrower, until Lender is reasonably able to ascertain the LIBO Rate and Lender shall promptly notify Borrower at such time; provided, that Lender’s determination under this Section 2.7(f) as to Borrower shall be in accordance with its treatment of other borrowers under commercial loans generally. In the event that any law, treaty, rule, regulation, or determination of a court or governmental authority or any change therein or in the interpretation or application thereof or compliance by Lender with any request or directive (whether or not having the force of law) from any central bank or governmental authority:

Appears in 2 contracts

Samples: Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P)

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Additional Fixed Rate Provisions. If at any time Lender Agent reasonably -------------------------------- determines that for any reason adequate and reasonable means do not exist for ascertaining the LIBO Rate or the LIBO Rate generally becomes unavailable to Agent or to any Lender, Lender Agent shall promptly give notice thereof to Borrower, and upon the giving of such notice, no new Fixed Rate may be selected by Borrower, until Lender Agent is reasonably able to ascertain the LIBO Rate and Lender Agent shall promptly notify Borrower at such time; provided, that Lender’s Agent's -------- determination under this Section 2.7(f) as to Borrower shall be in accordance with its treatment of other borrowers under commercial loans generally. In the event that any law, treaty, rule, regulation, or determination of a court or governmental authority or any change therein or in the interpretation or application thereof or compliance by Lender Agent with any request or directive (whether or not having the force of law) from any central bank or governmental authority:

Appears in 2 contracts

Samples: Credit Agreement (Beringer Wine Estates Holdings Inc), Credit Agreement (Beringer Wine Estates Holdings Inc)

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