Common use of Alternative basis of interest or funding Clause in Contracts

Alternative basis of interest or funding. (i) If a Market Disruption Event occurs and the Bank or the Borrower so requires, the Bank and the Borrower shall enter into negotiations (for a period of not more than five (5) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (ii) Any alternative basis agreed pursuant to paragraph (i) above shall be binding on the Bank and all Security Parties.

Appears in 2 contracts

Samples: Loan Agreement (NewLead Holdings Ltd.), Loan Agreement (NewLead Holdings Ltd.)

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Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the a Borrower so requires, the Bank Lender and the such Borrower shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall be binding on the Bank and all Security Parties.

Appears in 2 contracts

Samples: Facility Agreement (FreeSeas Inc.), Facility Agreement (FreeSeas Inc.)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the Borrower Company so requires, the Bank Lender and the Borrower Company shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall be binding on the Bank and all Security Parties.

Appears in 2 contracts

Samples: Facility Agreement (Best Buy Co Inc), Facility Agreement (Best Buy Co Inc)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Issuing Bank or the Borrower A so requires, the Issuing Bank and the Borrower A shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior consent of Borrower A, be binding on the Bank and all Security Parties.

Appears in 2 contracts

Samples: Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the Borrower so requires, the Bank Lender and the Borrower shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall be binding on the Bank Lender and all Security Partiesthe Borrower.

Appears in 1 contract

Samples: Bridge Facility Agreement (SBS Broadcasting S A)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Paying Agent or the Borrower so requires, the Bank Paying Agent and the Borrower shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior consent of all the Lenders and the Borrower, be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Senior Facility Agreement (Spansion Inc.)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the Borrower so requires, the Bank Lender and the Borrower shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior consent of the Lender and the Borrower, be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Facility Agreement (MediaRing LTD)

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Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lenders or the Borrower Company so requires, the Bank Lenders and the Borrower Company shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Facility Agreement (Best Buy Co Inc)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the Borrower to which a Loan has been made so requires, the Bank Lender and the that Borrower shall enter into negotiations (for a period of not more than five thirty (530) days (the “Negotiation Period”)days) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior consent of the Lender and the Borrowers, be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Facility Agreement (Fabrinet)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Issuing Bank or the a Borrower so requires, the Issuing Bank and the Borrower Borrowers shall enter into negotiations (for a period of not more than five (5thirty days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior written consent of each Borrower, be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Tower Group International, Ltd.)

Alternative basis of interest or funding. (ia) If a Market Disruption Event occurs and the Bank Lender or the Borrower so requires, the Bank Lender and the Borrower shall enter into negotiations (for a period of not more than five (530 days) days (the “Negotiation Period”)) after the giving of the relevant Determination Notice with a view to agreeing a substitute basis for determining the rate of interest. (iib) Any alternative basis agreed pursuant to paragraph (ia) above shall shall, with the prior consent of the Lender and the Borrower, be binding on the Bank and all Security Parties.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

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