Common use of CHANGE IN CIRCUMSTANCES; COMPENSATION Clause in Contracts

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 3.017.01. Basis for Determining Interest Rate Inadequate or ------------------------------------------------- Unfair. If on or prior to the first day of any Interest Period: (a) the any 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 any Bank determines that the London Interbank Offered Rate Rate, as the case may be, as determined by the Bank Wachovia will not adequately and fairly reflect the cost to the such Bank of funding the relevant Euro-Dollar Loans Loan for such Interest Period, the such Bank shall forthwith give notice thereof to the Borrower, whereupon until the such Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the such Bank to make or maintain any Euro-Dollar Loans Loan specified in such notice shall be suspended. Unless the Borrower notifies the such Bank at least two 2 Domestic Business Days before the date of any Borrowing of or the commencement of any Interest Period for such Euro-Dollar Loans Loan 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 3.017.01. 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 London Interbank Offered Rate Rate, as determined by the Bank will not adequately and fairly reflect the cost to the Bank of funding the relevant type of 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 obligation of the Bank to make or maintain the Euro-Dollar Loans specified in such notice shall be suspended. Unless the Borrower notifies the Bank at least two (2) Domestic Business Days before the date of any Borrowing of or the commencement of any Interest Period for Euro-Dollar Loans 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.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 3.017.01. 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 London Interbank Offered Rate as determined by the Bank will not adequately and fairly reflect the cost to the Bank of funding any Euro-Dollar Loans Loan 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 the Euro-Dollar Loans specified in such notice shall be suspended. Unless the Borrower notifies the Bank at least two 2 Domestic Business Days before the date of any Borrowing of or the commencement of any Interest Period for a Euro-Dollar Loans Loan 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 3.017.1. Basis for Determining Interest Rate Inadequate or Unfair. 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) or the Bank determines that the Interbank Offered Rate Adjusted LIBOR Rate, as determined by the Bank Bank, will not adequately and fairly reflect the cost to the Bank of funding the relevant Euro-Dollar Rate Loans for such Interest Period, then, 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 suspensions no longer exist, the obligations of the Bank to make or maintain the Euro-Dollar Rate Loans specified in such notice shall be suspended. Unless the Borrower notifies the Bank at least two (2) Domestic Business Days days before the date of any Borrowing of or the commencement of any Interest Period for such Euro-Dollar 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. SECTION 3.01. Section 7.01 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 London Interbank Offered Rate as determined by the Bank will not adequately and fairly reflect the cost to the Bank of funding any Euro-Dollar Loans Loan 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 the Euro-Dollar Loans Loan specified in such notice shall be suspendedsuspended and such Loan shall instead be continued as a Base Rate Loan. Unless the Borrower notifies the Bank at least two 2 Domestic Business Days before the date of any Borrowing of or the commencement of any Interest Period for Euro-Dollar Loans Loan for which a Notice of Borrowing Continuation or Conversion has previously been given that it elects not to borrow on such date, such Borrowing Loan shall instead be made continued as a Base Rate BorrowingLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 3.01III.1. 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 3.017.01. 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 advises Borrower that the London 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 the Euro-Dollar Loans specified in such notice shall be suspended. Unless the Borrower notifies the Bank at least two 2 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.