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

Basis for Determining Yield Rate Inadequate or Unfair. The Lessor shall give prompt notice to the Company and the Lease Participants of the applicable Yield determined by the Lessor for purposes of Sections 3.03(a) and (b). If on or prior to the first day of any Yield Period: (a) the Lessor determines that deposits in Dollars (in the applicable amounts), are not being offered in the relevant market for such Yield Period, or (b) the Majority Funding Parties determine and give notice to the Lessor that the rates or yield determined on the basis of the LIBO Rate for any Yield Period for Lessor Investments or Lease Participant Investments will not adequately and fairly reflect the cost to Majority Funding Parties of maintaining their respective Lessor Investments or Lease Participant Investments for such Yield Period, the Lessor shall forthwith so notify the Company and the Lease Participants, whereupon, (i) in the case of such notice from the Majority Funding Parties, the Lessor Investments and Lease Participant Investments will automatically, on the last day of the then existing Yield Period, accrue Yield at a rate based upon the Base Rate plus the Applicable Margin as set forth in the Pricing Schedule, and (ii) the obligation of the Majority Funding Parties to maintain Lessor Investments or Lease Participant Investments, as applicable, at the Adjusted LIBO Rate shall be suspended until the Lessor shall notify the Company and the Lease Participants that the circumstances causing such suspension no longer exist. Upon the written request of the Company, the Lessor shall negotiate with the Company and the relevant Lease Participants for a reasonable period of time, as determined in the Lessor’s discretion, to develop a substitute interest rate basis hereunder; provided, however, (x) the Lessor, the Lease Participants and the Company make no representation, warranty or covenant that any such agreement will be made, and (y) any relevant Lessor Investments and Lease Participant Investments shall continue to have Yield accrue thereon at the Base Rate during the continuance of any such negotiations and thereafter should no alternate interest rate be agreed to by the necessary parties.

Basis for Determining Yield Rate Inadequate or Unfair. The Lessor shall give prompt notice to the Company and the Lease Participants of the applicable Yield determined by the Lessor for purposes of Sections 3.03(a) and (b). ) as follows: (a) If on or prior to the first day of any Yield Period: (ai) the Lessor determines that deposits in Dollars (in the applicable amounts), are not being offered in the relevant market for such Yield Period, or (bii) the Majority Funding Parties determine and give notice to the Lessor that the rates or yield determined on the basis of the LIBO Rate for any Yield Period for Lessor Investments or Lease Participant Investments will not adequately and fairly reflect the cost to Majority Funding Parties of maintaining their respective Lessor Investments or Lease Participant Investments for such Yield Period, the Lessor shall forthwith so notify the Company and the Lease Participants, whereupon, (i1) in the case of such notice from the Majority Funding Parties, the Lessor Investments and Lease Participant Investments will automatically, on the last day of the then existing Yield Period, accrue Yield at a rate based upon the Base Rate plus the Applicable Margin as set forth in the Pricing Schedule, and (ii2) the obligation of the Majority Funding Parties to maintain Lessor Investments or Lease Participant Investments, as applicable, at the Adjusted LIBO Rate shall be suspended until the Lessor shall notify the Company and the Lease Participants that the circumstances causing such suspension no longer exist. . (b) Upon the written request of the Company, the Lessor shall negotiate with the Company and the relevant Lease Participants for a reasonable period of time, as determined in the Lessor’s discretion, to develop a substitute interest rate basis hereunder; provided, however, (xi) the Lessor, the Lease Participants and the Company make no representation, warranty or covenant that any such agreement will be made, and (yii) any relevant Lessor Investments and Lease Participant Investments shall continue to have Yield accrue thereon at the Base Rate during the continuance of any such negotiations and thereafter should no alternate interest rate be agreed to by the necessary parties.

Basis for Determining Yield Rate Inadequate or Unfair. The Lessor shall give prompt notice to the Company and the Lease Participants of the applicable Yield determined by the Lessor for purposes of Sections 3.03(a) and (b). If on or prior to the first day of any Yield Period: (a) the Lessor determines that deposits in Dollars (in the applicable amounts), are not being offered in the relevant market for such Yield Period, or (b) the Majority Funding Parties determine and give notice to the Lessor that the rates or yield determined on the basis of the LIBO Rate for any Yield Period for Lessor Investments Advances or Lease Participant Investments Advances will not adequately and fairly reflect the cost to Majority Funding Parties of making, funding or maintaining their respective Lessor Investments Advances or Lease Participant Investments Advances for such Yield Period, the Lessor shall forthwith so notify the Company and the Lease Participants, whereupon, (i) in the case of such notice from the Majority Funding Parties, the each such Lessor Investments Advance and Lease Participant Investments Advance will automatically, on the last day of the then existing Yield Period, accrue Yield at a rate based upon the Base Rate plus the Applicable Margin as set forth in the Pricing Schedule, and. (ii) the obligation of the Majority Funding Parties to maintain make Lessor Investments Advances or Lease Participant InvestmentsAdvances, as applicable, at the Adjusted LIBO Rate shall be suspended until the Lessor shall notify the Company and the Lease Participants that the circumstances causing such suspension no longer exist, and (iii) unless the Company notifies the Lessor at least 2 Business Days before the date of any Lessor Advance for which Advance Notice has previously been given that it elects not to effect a Lessor Advance, or require such Lessor Advance, as applicable, on such date, such Lessor Advance (and the related Lease Participant Advances) shall instead be made at a Yield based upon the Base Rate plus the Applicable Margin as set forth in the Pricing Schedule. Upon the written request of the Company, the Lessor shall negotiate with the Company and the relevant Lease Participants for a reasonable period of time, as determined in the Lessor’s 's discretion, to develop a substitute interest rate basis hereunder; provided, however, (x) the Lessor, the Lease Participants and the Company make no representation, warranty or covenant that any such agreement will be made, and (y) any relevant Lessor Investments Lease Advances and related Lease Participant Investments Advances shall continue to have Yield accrue thereon at the Base Rate during the continuance of any such negotiations and thereafter should no alternate interest rate be agreed to by the necessary parties.