Common use of Basis for Determining Interest Rate Inadequate or Unfair Clause in Contracts

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Borrowing the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert Loans into, Eurodollar Loans in Dollars shall be suspended. In such event, unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 5 contracts

Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc)

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Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Borrowing Euro-Dollar Loan the Administrative Agent or the Required Banks determine in good faith determines (which determination shall be conclusive absent manifest error) that deposits in Dollars dollars (in the applicable amounts) are not being offered generally available in the relevant London interbank market for such Interest Period period or that the Eurodollar London Interbank Offered Rate for such Interest Period will cannot adequately reflect be determined in accordance with the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Perioddefinition thereof, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to makemake Euro-Dollar Loans, continue, to convert outstanding Base Rate Loans into Euro-Dollar Loans or to convert outstanding Euro-Dollar Loans into, Eurodollar into Euro-Dollar Loans in Dollars with a different Interest Period shall be suspended. In such event, (ii) each outstanding Euro-Dollar Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto, and (iii) unless the Borrower notifies the Administrative Agent on or at least two Domestic Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar Euro-Dollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 3 contracts

Samples: Bridge Credit Agreement (Aetna Inc /Pa/), Credit Agreement (Aetna Inc /Pa/), Bridge Credit Agreement (Aetna Inc /Pa/)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Period for any Eurodollar Borrowing Euro-Dollar Loans Lenders having at least 50% in aggregate amount of the Commitments advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period London Interbank Offered Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing their Euro-Dollar Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to make, continue, make Euro-Dollar Loans or to continue or convert outstanding Loans into, Eurodollar as or into Euro-Dollar Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Euro-Dollar Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Domestic Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar affected Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, if such affected Borrowing is a Euro-Dollar Borrowing, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Consolidated Edison Inc), Credit Agreement (Consolidated Edison Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Currency Borrowing the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars or the applicable Alternate Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period or that the Eurodollar Euro-Currency Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Euro-Currency Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert Loans into, Eurodollar Euro-Currency Loans in Dollars or the applicable Alternate Currency, as the case may be, shall be suspended. In such event, unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Euro-Currency Business Day before, but excluding, the date of any Eurodollar Euro-Currency Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 2 contracts

Samples: Second Priority Credit Agreement (Istar Financial Inc), Priority Credit Agreement (Istar Financial Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Dollar Borrowing or Money Market IBOR Loan the Administrative Agent or the Required Banks determine determines in good faith that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert make Euro-Dollar Loans into, Eurodollar Loans in Dollars shall be suspended. In such event, event (a) unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Euro-Dollar Business Day before, but excluding, the date of (i) any Eurodollar Euro-Dollar Borrowing for Dollars for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or (ii) any Money Market IBOR Borrowing for which a Notice of Money Market Borrowing has previously been given, the Money Market IBOR Loans comprising such Borrowing shall bear interest for each day from and including the first day to but excluding the last day of the Interest Period applicable thereto at the Base Rate for such day, and (b) any Notice of Borrowing for a Euro-Dollar Borrowing denominated in an Alternate Currency shall be ineffective.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Amb Property Corp)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Dollar Borrowing or Money Market IBOR Loan the Administrative Agent or the Required Banks determine determines in good faith that deposits in Dollars dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert make Euro-Dollar Loans into, Eurodollar Loans in Dollars shall be suspended. In such event, (a) unless the Borrower notifies the Administrative Agent on or at least two Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of (i) any Eurodollar Euro-Dollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or (ii) any Money Market IBOR Borrowing for which a Notice of Money Market Borrowing has previously been given, the Money Market IBOR Loans comprising such Borrowing shall bear interest for each day from and including the first day to but excluding the last day of the Interest Period applicable thereto at the Base Rate for such day, and (b) any Notice of Borrowing for a Euro-Dollar Borrowing denominated in an Alternate Currency shall be ineffective.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Calculation Period for any Eurodollar Borrowing the (a) Administrative Agent or the Required Banks determine in good faith determines that deposits in Dollars U.S. dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Calculation Period or (b) the Required Lenders advise Administrative Agent that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required BanksLIBOR, as the case may be, as determined by Administrative Agent will not adequately and fairly reflect the cost to such Lenders of making, funding or maintaining such Eurodollar Borrowing of LIR Loans for such Interest Calculation Period, the then, Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon whereupon, until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks Lenders to make, continue, or convert make LIR Loans into, Eurodollar Loans specified in Dollars such notice shall be suspended. In such eventUpon notification from Administrative Agent pursuant to this Section 11.1, unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar at least one Business Day before, but excluding, before the date of any Eurodollar Borrowing borrowing of LIR Loans for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing borrowing shall instead be made as a Base Rate Borrowingborrowing.

Appears in 1 contract

Samples: Loan and Security Agreement (Zep Inc.)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Period for any Eurodollar Borrowing Term SOFR Loans Lenders having at least 50% in aggregate amount of the Commitments advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period Term SOFR Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing their Term SOFR Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to make, continue, make Term SOFR Loans or to continue or convert outstanding Loans into, Eurodollar as or into Term SOFR Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Term SOFR Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar affected Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, if such affected Borrowing is a Term SOFR Borrowing, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Edison Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Period for any Eurodollar Borrowing Term SOFR Loans Lenders having at least 50% in aggregate amount of the Commitments advise the Administrative Agent or that Term SOFR, as determined by the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period Administrative Agent, will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing their Term SOFR Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to make, continue, make Term SOFR Loans or to continue or convert outstanding Loans into, Eurodollar as or into Term SOFR Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Term SOFR Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar affected Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, if such affected Borrowing is a Term SOFR Borrowing, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Day Revolving Credit Agreement (Consolidated Edison Co of New York Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Period for any Eurodollar Borrowing Euro-Dollar Loans Lenders having at least 50% in aggregate amount of the Commitments advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period London Interbank Offered Rate, as determined by the Administrative Agent, will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing their Euro-Dollar Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Borrowers and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to make, continue, make Euro-Dollar Loans or to continue or convert outstanding Loans into, Eurodollar as or into Euro-Dollar Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Euro-Dollar Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Domestic Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar affected Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, if such affected Borrowing is a Euro-Dollar Borrowing, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Edison Co of New York Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar LIBOR Rate Borrowing Required Banks advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period LIBOR Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to the such Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing their LIBOR Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks to make, continue, make LIBOR Loans or to convert outstanding Loans into, Eurodollar into LIBOR Loans in Dollars shall be suspended. In such event, (ii) each outstanding LIBOR Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto, and (iii) unless the Borrower notifies the Administrative Agent on or at least two Domestic Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar LIBOR Rate Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing date shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Elizabeth Arden Inc)

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Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Borrowing Euro-Dollar Borrowing, Banks having 66-2/3% or more of the aggregate amount of the affected Loans advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar London Interbank Offered Rate for such Interest Period as determined by the Administrative Agent will not adequately and fairly reflect the cost to the such Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing their Euro-Dollar Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Borrowers and the Banks, whereupon until the Administrative Agent notifies the Borrower Borrowers that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks to make, continue, make Euro-Dollar Loans or to continue or convert outstanding Loans into, Eurodollar as or into Euro-Dollar Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Euro-Dollar Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar at least one Domestic Business Day before, but excluding, before the date of any Eurodollar Euro-Dollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy CORP)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Dollar Borrowing or TIBOR Borrowing the Administrative Agent or the Required Banks determine determines in good faith that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, make Euro-Dollar Loans or convert TIBOR Loans into, Eurodollar Loans in Dollars shall be suspendedsuspended and clause (iii) of the definition of Base Rate shall not be given any effect. In such event, event unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Euro-Dollar Business Day before, but excluding, the date of any Eurodollar Euro-Dollar or TIBOR Borrowing for Dollars for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing, and any Notice of Borrowing for a Euro-Dollar Borrowing denominated in an Alternate Currency shall be ineffective.

Appears in 1 contract

Samples: Credit Agreement (Amb Property Lp)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Borrowing Period: (a) the Administrative Agent or the Required Banks determine reasonably and in good faith determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period Period, or (b) the Required Lenders advise the Administrative Agent that the Eurodollar London Interbank Offered Rate for such Interest Period as determined by the Administrative Agent will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing Loans for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks Lenders to make, continuemake Eurodollar Loans specified in such notice, or convert Loans intoto permit continuations or conversions into Eurodollar Loans, Eurodollar Loans in Dollars shall be suspended. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Borrowing of Eurodollar Borrowing Loans for which a Notice of Borrowing has previously been given given, or continuation or conversion into such Eurodollar Loans for which a Notice of Continuation or Conversion has previously been given, that it elects not to borrow or so continue or convert on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or such Eurodollar Loan shall be converted to a Base Rate Loan, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Avocent Corp)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Borrowing the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as 57 the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert Loans into, Eurodollar Loans in Dollars shall be suspended. In such event, unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Istar Financial Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to before the first day of any Interest Period for any Eurodollar Borrowing Euro-Dollar Loans Lenders having at least 50% in aggregate amount of the Commitments advise the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period London Interbank Offered Rate, as determined by the Administrative Agent, will not adequately and fairly reflect the cost to the Banks or the Required Banks, as the case may be, such Lenders of making, funding or maintaining such Eurodollar Borrowing their Euro-Dollar Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (i) the obligations of the Banks Lenders to make, continue, make Euro-Dollar Loans or to continue or convert outstanding Loans into, Eurodollar as or into Euro-Dollar Loans in Dollars shall be suspendedsuspended and (ii) each outstanding Euro-Dollar Loan shall be converted into a Base Rate Loan on the last day of the then current Interest Period applicable thereto. In such event, unless Unless the Borrower notifies the Administrative Agent on or at least two Domestic Business Days before the second (2nd) Eurodollar Business Day before, but excluding, the date of any Eurodollar affected Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, if such affected Borrowing is a Euro-Dollar Borrowing, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Edison Co of New York Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Dollar Borrowing or Money Market IBOR Loan the Administrative Agent or the Required Banks determine determines in good faith that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period or that the Eurodollar Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert make Euro-Dollar Loans into, Eurodollar Loans in Dollars shall be suspended. In such event, event unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Euro-Dollar Business Day before, but 77 excluding, the date of (i) any Eurodollar Euro-Dollar Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or (ii) any Money Market IBOR Borrowing for which a Notice of Money Market Borrowing has previously been given, the Money Market IBOR Loans comprising such Borrowing shall bear interest for each day from and including the first day to but excluding the last day of the Interest Period applicable thereto at the Base Rate for such day.

Appears in 1 contract

Samples: Revolving Credit Agreement (Istar Financial Inc)

Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Eurodollar Euro-Currency Borrowing the Administrative Agent or the Required Banks determine in good faith that deposits in Dollars are not being offered in the relevant market for such Interest Period or that the Eurodollar Euro-Currency Rate for such Interest Period will not adequately reflect the cost to the Banks or the Required Banks, as the case may be, of making, funding or maintaining such Eurodollar Euro-Currency Borrowing for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert Loans into, Eurodollar Euro-Currency Loans in Dollars shall be suspended. In such event, unless the Borrower notifies the Administrative Agent on or before the second (2nd) Eurodollar Euro-Currency Business Day before, but excluding, the date of any Eurodollar Euro-Currency Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow on such date, such Borrowing shall instead be made as a Base Rate Borrowing.

Appears in 1 contract

Samples: First Priority Credit Agreement (Istar Financial Inc)

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