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 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. Section 8.01 BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIRSECTION 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 reasonably 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 Lenders advise the Administrative Agent that the London Interbank Offered Rate or IBORRate, as the case may be, as reasonably determined by the Administrative Agent, Agent will not adequately and fairly reflect the cost to such Banks Lenders of funding the relevant type of Fixed Rate Euro-Dollar Loans for such Interest 52 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, the obligations of the Banks Lenders to make the type of Fixed Rate Loans specified in Euro-Dollar Loans, or to permit continuations or conversions into such notice type of Euro-Dollar Loans, 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 Euro-Dollar Loans for which a Notice of Borrowing Borrowing, or continuation or conversion into such type of Euro-Dollar Loans for which a Notice of Continuation or Conversion has previously been given, 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 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 any Alternate Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks Lenders advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as the case may beRate, as determined by the Administrative Agent, Agent will not adequately and fairly reflect the cost to such Banks Lenders of funding the relevant type of Fixed Rate Eurocurrency Loans for such Interest 52 Period, or (c) a fundamental change has occurred in the foreign exchange or interbank markets with respect to any Alternate Currency (including, without limitation, changes in national or international financial, political or economic conditions or currency exchange rates or exchange controls), or (d) it has become otherwise materially impractical for the Administrative Agent or the Lenders to make an Alternate Currency Loan, 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 the type of Fixed Rate Eurocurrency Loans specified in such notice shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 two (2) Domestic Business Days before the date of any Eurocurrency 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 borrowing shall instead be made as a Base Rate Borrowing.

CHANGE IN CIRCUMSTANCES; COMPENSATION. Section 8.01 BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIRSECTION 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 or any Foreign Currency (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, 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 Borrowers 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 relevant 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.