Common use of CHANGE IN CIRCUMSTANCES; COMPENSATION Clause in Contracts

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. SECTION 8.01. 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 any Applicable Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Lenders Banks advise the Administrative Agent that the London InterBank Interbank Offered Rate as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders Banks of funding the Euro-Dollar Advances Eurocurrency Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks to make Euro-Dollar Advances Eurocurrency Loans specified in such notice, or to permit continuations of or conversions into Euro-Dollar AdvancesEurocurrency Loans, 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 Eurocurrency Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances Eurocurrency 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 or Swing Borrowing shall instead be made as or continue to be a Base Rate BorrowingBorrowing denominated in the Applicable Currency, or such Euro-Dollar Advance Eurocurrency Loan shall be converted to a Base Rate AdvanceLoan denominated in the Applicable Currency.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. 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 Banks advise the Administrative Agent that the London InterBank Interbank Offered Rate as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders Banks of funding the Euro-Dollar Advances Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks to make Euro-Dollar Advances Loans specified in such notice, or to permit continuations of or conversions into Euro-Dollar AdvancesLoans, 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 Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as or continue to be a Base Rate Borrowing, or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair10.01 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 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 Loans 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 Loans specified in such notice, or to permit continuations or conversions into Euro-Dollar AdvancesLoans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) 2 Euro-Dollar Business Days before the date of any Borrowing or Swing Borrowing of Euro-Dollar Advances Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. 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 Banks advise the Administrative Agent that the London InterBank Interbank Offered Rate or IBOR, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders Banks of funding the Euro-Dollar Advances its Fixed Rate Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks to make Euro-Dollar Advances specified in such noticetype of Fixed Rate Loans, or to permit continuations or conversions into Euro-Dollar Advancessuch type of Fixed Rate Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) Euro-Dollar 2 Domestic Business Days before the date of any Borrowing or Swing Borrowing of Euro-Dollar Advances such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances type of Fixed Rate 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Fixed Rate Loan shall be converted to a Base Rate AdvanceLoan.

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 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 Loans 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 noticeLoans, or to permit continuations or conversions into Euro-Dollar AdvancesLoans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) Euro-Dollar 2 Domestic Business Days before the date of any Borrowing or Swing Borrowing of Euro-Euro- Dollar Advances Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.

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 Interbank Offered Rate Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding the relevant type of Euro-Dollar Advances Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Borrowers and the Lenders, whereupon until the Administrative Agent notifies the Borrower Borrowers that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make the type of Euro-Dollar Advances Loans specified in such notice, or to permit continuations or conversions into such type of Euro-Dollar AdvancesLoans, shall be suspended. Unless the Borrower notifies Borrowers notify the Administrative Agent at least two (2) Euro-Dollar 2 Domestic Business Days before the date of any Borrowing or Swing Borrowing of such type of Euro-Dollar Advances Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair9.01 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 or other applicable Foreign Currency (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 Interbank Offered Rate Rate, or IBOR, as applicable, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding the Euro-Dollar Advances Fixed Rate Loans 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 Loans or Foreign Currency Loans specified in such notice, or to permit continuations or conversions into Euro-Dollar AdvancesLoans or Foreign Currency Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) 2 Euro-Dollar Business Days before the date of any Borrowing or Swing Borrowing of Euro-Dollar Advances Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. Basis for Determining Interest Rate Inadequate or UnfairBASIS 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 Banks advise the Administrative Agent that the London InterBank Interbank Offered Rate or IBOR, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders Banks of funding the Euro-Dollar Advances its Fixed Rate Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks to make Euro-Dollar Advances specified in such noticetype of Fixed Rate Loans, or to permit continuations or conversions into Euro-Dollar Advancessuch type of Fixed Rate Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least two (2) Euro-Dollar 2 Domestic Business Days before the date of any Borrowing or Swing Borrowing of Euro-Dollar Advances such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances type of Fixed Rate 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, or such Euro-Dollar Advance Fixed Rate Loan shall be converted to a Base Rate AdvanceLoan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.019.01. Basis for Determining Interest Rate Inadequate or UnfairUnfair . 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 or (b) the Required Lenders advise the Administrative Agent that the London InterBank Interbank Offered Rate Rate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding the relevant type of Euro-Dollar Advances Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Borrowers and the Lenders, whereupon until the Administrative Agent notifies the Borrower Borrowers that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make the type of Euro-Dollar Advances specified in such notice, Loans or to permit continuations or conversions into Euro-Dollar Advances, Loans shall be suspended. Unless the Borrower notifies Borrowers notify the Administrative Agent at least two (2) Euro-Dollar 2 Domestic Business Days before the date of any Borrowing or Swing Borrowing of any Euro-Dollar Advances Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such Euro-Dollar Advances 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 or Swing Borrowing shall instead be made as a Base Rate Borrowing, Borrowing or such Euro-Dollar Advance Loan shall be converted to a Base Rate AdvanceLoan.