Common use of Alternate Interest Clause in Contracts

Alternate Interest. If prior to the commencement of any ------------------ Interest Period for a Eurodollar Borrowing: (a) the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted LIBO Rate or the LIBO Rate, as applicable, for such Interest Period; or (b) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for such Interest Period will not adequately and fairly reflect the cost to such Lenders (or Lender) of making or maintaining their Loans (or its Loan) included in such Borrowing for such Interest Period; then the Administrative Agent shall give notice thereof to the Borrower and the Lenders by telephone or telecopy as promptly as practicable thereafter and, until the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a Eurodollar Borrowing shall be ineffective, (ii) if any Borrowing Request requests a Eurodollar Borrowing, such Borrowing shall be made as an ABR Borrowing.

Alternate Interest. If prior to the commencement of any ------------------ Interest Period for a Eurodollar Borrowing: (a) the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted LIBO Rate or the LIBO Rate, as applicable, for such Interest Period; or (b) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for such Interest Period will not adequately and fairly reflect the cost to such Lenders (or Lender) of making or maintaining their Loans (or its Loan) included in such Borrowing Borrowing, for such Interest Period; then the Administrative Agent shall give notice thereof to the Borrower and the Lenders by telephone or telecopy as promptly as practicable thereafter and, until the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a Eurodollar Borrowing shall be ineffective, ineffective and (ii) if any Borrowing Request requests a Eurodollar Borrowing, such Borrowing shall be made as an ABR Borrowing.

Alternate Interest. If In the event, and on each occasion, that on the day two Business Days prior to the commencement of any ------------------ Interest Period for a Eurodollar Borrowing: Borrowing the Administrative Agent shall have determined that (a) Dollar deposits in the Administrative Agent determines principal amounts of the Loans comprising such Borrowing are not generally available in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted LIBO Rate London interbank market, or the LIBO Rate, as applicable, for such Interest Period; or (b) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for rates at which such Interest Period deposits are being offered will not adequately and fairly reflect the cost to such Lenders (or Lender) having Commitments representing at least 50% of the Total Commitment of making or maintaining their Eurodollar Loans (or its Loan) included in such Borrowing for during such Interest Period; then , or (c) reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall shall, as soon as practicable thereafter, give written, telecopy or other electronic transmission notice thereof of such determination to the Borrower and the Lenders. In the event of any such determination (other than any such determination pursuant to clause (b) of the preceding sentence, to the extent the circumstances giving rise to such determination would also give Lenders by telephone or telecopy as promptly as practicable thereafter andthe right to demand additional amounts pursuant to Section 2.13), until the Administrative Agent notifies shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests request by the conversion of any Borrowing to, or continuation of any Borrowing as, Borrower for a Eurodollar Revolving Credit Borrowing pursuant to Section 2.04 shall be ineffective, deemed to be a request for an ABR Borrowing and (ii) if any Borrowing Request requests request by the Borrower for a Eurodollar Borrowing, such Competitive Borrowing pursuant to Section 2.03 shall be made as an ABR Borrowingof no force and effect and shall be denied by the Administrative Agent. Each determination by the Administrative Agent hereunder shall be conclusive absent manifest error.

Alternate Interest. If In the event, and on each occasion, that on the day two Business Days prior to the commencement of any ------------------ Interest Period for a Eurodollar Borrowing: Borrowing the Administrative Agent shall have determined that (a) Dollar deposits in the Administrative Agent determines principal amounts of the Loans comprising such Borrowing are not generally available in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted LIBO Rate London interbank market, or the LIBO Rate, as applicable, for such Interest Period; or (b) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for rates at which such Interest Period deposits are being offered will not adequately and fairly reflect the cost to such Lenders (or Lender) comprising the Required Lenders of making or maintaining their Eurodollar Loans (or its Loan) included in such Borrowing for during such Interest Period; then , or (c) reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall shall, as soon as practicable thereafter, give written, telecopy or other electronic transmission notice thereof of such determination to the Borrower and the Lenders. In the event of any such determination (other than any such determination pursuant to clause (b) of the preceding sentence, to the extent the circumstances giving rise to such determination would also give Lenders by telephone or telecopy as promptly as practicable thereafter andthe right to demand additional amounts pursuant to Section 2.15), until the Administrative Agent notifies shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests request by the conversion of any Borrowing to, or continuation of any Borrowing as, Borrower for a Eurodollar Revolving Credit Borrowing pursuant to Section 2.04 shall be ineffective, deemed to be a request for an ABR Borrowing and (ii) if any Borrowing Request requests request by the Borrower for a Eurodollar Borrowing, such Competitive Borrowing pursuant to Section 2.03 shall be made as an ABR Borrowingof no force and effect and shall be denied by the Administrative Agent. Each determination by the Administrative Agent hereunder shall be conclusive absent manifest error.

Alternate Interest. If In the event, and on each occasion, that on the day two Business Days prior to the commencement of any ------------------ Interest Period for a Eurodollar Borrowing: Borrowing the Administrative Agent shall have determined that (a) Dollar deposits in the Administrative Agent determines principal amounts of the Loans comprising such Borrowing are not generally available in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted LIBO Rate London interbank market, or the LIBO Rate, as applicable, for such Interest Period; or (b) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for rates at which such Interest Period deposits are being offered will not adequately and fairly reflect the cost to such Lenders (or Lender) having Commitments representing at least 50% of the Total Commitment of making or maintaining their Eurodollar Loans (or its Loan) included in such Borrowing for during such Interest Period; then , or (c) reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall shall, as soon as practicable thereafter, give written, telecopy or other electronic transmission notice thereof of such determination to the Borrower and the Lenders. In the event of any such determination (other than any such determination pursuant to clause (b) of the preceding sentence, to the extent the circumstances giving rise to such determination would also give Lenders by telephone or telecopy as promptly as practicable thereafter andthe right to demand additional amounts pursuant to Section 2.15), until the Administrative Agent notifies shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests request by the conversion of any Borrowing to, or continuation of any Borrowing as, Borrower for a Eurodollar Revolving Credit Borrowing pursuant to Section 2.04 shall be ineffective, deemed to be a request for an ABR Borrowing and (ii) if any Borrowing Request requests request by the Borrower for a Eurodollar Borrowing, such Competitive Borrowing pursuant to Section 2.03 shall be made as an ABR Borrowingof no force and effect and shall be denied by the Administrative Agent. Each determination by the Administrative Agent hereunder shall be conclusive absent manifest error.