CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period:
(a) the Administrative Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or
(b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding the relevant type of Euro-Dollar 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, the obligations of the Banks to make the type of Euro-Dollar Loans specified in such notice shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 Domestic Business Days before the date of any Borrowing of such type of Euro-Dollar Loans 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.
CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 9.01. Basis for Determining Interest Rate Inadequate or Unfair..........................................61 SECTION 9.02. Illegality......................................................62 SECTION 9.03. Increased Cost and Reduced Return...............................63 SECTION 9.04. Base Rate Loans Substituted for Affected Euro- Dollar Loans.......................................64 SECTION 9.05. Compensation....................................................64 ARTICLE X MISCELLANEOUS SECTION 10.01. Notices........................................................65 SECTION 10.02. No Waivers.....................................................65
CHANGE IN CIRCUMSTANCES; COMPENSATION. Section 8.01 Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period:
(a) the Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or
(b) the Required Banks advise the Agent that the London Interbank Offered Rate as determined by the Agent will not adequately and fairly reflect the cost to such Banks of funding the Euro-Dollar Loans for such Interest Period, the Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make Euro-Dollar Loans specified in such notice shall be suspended. Unless the Borrower notifies the Agent at least 2 Domestic Business Days before the date of any Borrowing of such Euro-Dollar Loans 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.
CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 3.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period:
(a) the Bank determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or
(b) the Bank determines that the Interbank Offered Rate as determined by the Bank will not adequately and fairly reflect the cost to the Bank of funding Euro-Dollar Loans for such Interest Period, the Bank shall forthwith give notice thereof to the Borrower, whereupon until the Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Bank to make or maintain Euro-Dollar Loans shall be suspended. Unless the Borrower notifies the Bank at least two Domestic Business Days before the date of any Borrowing of or the commencement of any Interest Period for Euro-Dollar Loans 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.
CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period:
(a) the Administrative Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or
(b) the Required Lenders advise the Administrative Agent that the London InterBank Offered Rate as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding the Euro-Dollar Advances for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make Euro-Dollar Advances specified in such notice, or to permit continuations or conversions into Euro-Dollar Advances, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) Euro-Dollar Business Days before the date of any Borrowing or Swing Borrowing of Euro-Dollar Advances for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance shall be converted to a Base Rate Advance.
CHANGE IN CIRCUMSTANCES; COMPENSATION. (iii)
SECTION 7.01. Basis for Determining Interest Rate Inadequate or Unfair.........................................................47 SECTION 7.02. Illegality.....................................................47 SECTION 7.03. Increased Cost and Reduced Return..............................48 SECTION 7.04. Base Rate Loans Substituted for Affected Fixed Rate Loans.....................................................49 SECTION 7.05. Compensation...................................................50 SECTION 7.06. Failure to Pay in Foreign Currency.............................50 SECTION 7.07. Judgment Currency..............................................51 ARTICLE VIII MISCELLANEOUS...............................51 SECTION 8.01. Notices........................................................51 SECTION 8.02. No Waivers.....................................................51
CHANGE IN CIRCUMSTANCES; COMPENSATION. 31 SECTION 7.01. Basis for Determining Interest Rate Inadequate or Unfair..........................................31 SECTION 7.02. Illegality........................................................................................31 SECTION 7.03. Increased Cost and Reduced Return.................................................................32 SECTION 7.04. Base Rate Loans Substituted for Affected Loans....................................................33 SECTION 7.05. Compensation......................................................................................33 ARTICLE VIII MISCELLANEOUS......................................................................................34
CHANGE IN CIRCUMSTANCES; COMPENSATION. 87 SECTION 9.01.......... Basis for Determining Interest Rate Inadequate or Unfair.................. 87 SECTION 9.02.......... Illegality........................................................................................... 87
CHANGE IN CIRCUMSTANCES; COMPENSATION. Section 8.01 BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR. If on or prior to the first day of any Interest Period:
(a) the Administrative Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or
(b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as the case may be, as determined by the Administrative Agent, will not adequately and fairly reflect the cost to such Banks of funding the relevant type of Fixed Rate Loans for such Interest 52 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 the type of Fixed Rate Loans specified in such notice shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 Domestic Business Days before the date of any Borrowing of such type of Fixed Rate Loans 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.
CHANGE IN CIRCUMSTANCES; COMPENSATION. 53 (iv)
SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair..................................................................53 SECTION 8.02. Illegality.........................................................................................54 SECTION 8.03. Increased Cost and Reduced Return..................................................................54 SECTION 8.04. Base Rate Loans or Other Fixed Rate Loans Substituted for Affected Fixed Rate Loans..........................................................56 SECTION 8.05. Compensation.......................................................................................56 SECTION 8.06. Limitation on Certain Payment Obligations..........................................................57 SECTION 8.07. Alternate Lending Offices..........................................................................57 ARTICLE IX MISCELLANEOUS....................................................57 SECTION 9.01. Notices............................................................................................57 SECTION 9.02. No Waivers.........................................................................................57
