Common use of Changed Circumstances/Temporary LIBOR Unavailability Clause in Contracts

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the LIBO Rate, that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO Rate, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate on the basis provided for in the definition of Adjusted LIBO Rate, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers of making or maintaining such LIBO Rate during such Interest Period, Requisite Purchasers will reasonably promptly give notice to Company and each other Purchaser of such determination, whereupon (A) no Notes may be made as, or converted to, LIBO Rate until such time as Requisite Purchasers notifies Company and Purchasers that the circumstances giving rise to such notice no longer exist, (B) any Funding Notice given by Company with respect to the Notes in respect of which such determination was made shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8.

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine Administrative Agent determines (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the any LIBO RateRate Loans, that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO RateRate Loans, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate Loans on the basis provided for in the definition of Adjusted LIBO Rate, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers Lenders of making or maintaining such LIBO Rate Loans during such Interest Period, Requisite Purchasers Administrative Agent will reasonably promptly give notice to Company and each other Purchaser Lender of such determination, whereupon (A) no Notes Loans may be made as, or converted to, LIBO Rate Loans until such time as Requisite Purchasers Administrative Agent notifies Company and Purchasers Lenders that the circumstances giving rise to such notice no longer exist, and (B) any Funding Notice or Conversion/Continuation Notice given by Company with respect to the Notes Loans in respect of which such determination was made shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8Company.

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine Administrative Agent determines (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the any LIBO RateRate Loans, that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO RateRate Loans, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate Loans on the basis provided for in the definition of Adjusted LIBO Rate, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers Lenders of making or maintaining such LIBO Rate Loans during such Interest Period, Requisite Purchasers Administrative Agent will reasonably promptly give notice to the Company Representative and each other Purchaser Lender of such determination, whereupon (A) no Notes Loans may be made as, or converted to, LIBO Rate Loans until such time as Requisite Purchasers Administrative Agent notifies the Company Representative and Purchasers Lenders that the circumstances giving rise to such notice no longer exist, and (B) any Funding Notice given by Company with respect requesting LIBO Rate Loans shall be deemed a request for Base Rate Loans and any Conversion/Continuation Notice (to the Notes in respect of which such determination was made extent it contemplates the continuation of, or conversion into, LIBO Rate Loans) shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8Companies.

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the any LIBO RateRate Portions, that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO RateRate Portions, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate Portions on the basis provided for in the definition of Adjusted LIBO Rate, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers of making purchasing or maintaining such LIBO Rate Portions during such Interest Period, Requisite Purchasers will reasonably promptly give notice to Company and each other Purchaser of such determination, whereupon (A) no Notes may be made as, or purchased as LIBO Rate Portions and no portion of a Note may be converted to, LIBO Rate Portions until such time as Requisite Purchasers notifies notify Company and Purchasers that the circumstances giving rise to such notice no longer exist, and (B) any Funding Notice or Conversion/Continuation Notice given by Company with respect to the Notes in respect of which such determination was made shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8Company.

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine Administrative Agent determines (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the any LIBO RateRate Loans, that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO RateRate Loans, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate Loans on the basis provided for in the definition of the term “Adjusted LIBO Rate”, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers the Lenders of making or maintaining such LIBO Rate Loans during such Interest Period, Requisite Purchasers Administrative Agent will reasonably promptly give notice to Company Credit Party Representative and each other Purchaser Lender of such determination, whereupon (A) no Notes Loans may be made or continued as, or converted to, LIBO Rate Loans until such time as Requisite Purchasers Administrative Agent notifies Company Credit Party Representative and Purchasers the Lenders that the circumstances giving rise to such notice no longer exist, and (B) any Funding Notice given by Company Credit Party Representative with respect to the Notes Loans in respect of which such determination was made shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8Credit Party Representative.

Changed Circumstances/Temporary LIBOR Unavailability. In the event that Requisite Purchasers determine Administrative Agent determines (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to the any LIBO RateRate Loans, that (i) subject to subsections (b) through (f) below, Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such LIBO RateRate Loans, (ii) by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such LIBO Rate Loans on the basis provided for in the definition of Adjusted LIBO Rate, or (iii) the Adjusted LIBO Rate does not adequately and fairly reflect the cost to Purchasers Lenders of making or maintaining such LIBO Rate Loans during such Interest Period, Requisite Purchasers Administrative Agent will reasonably promptly give notice to Company and each other Purchaser Lender of such determination, whereupon (A) no Notes Loans may be made as, or converted to, LIBO Rate Loans until such time as Requisite Purchasers Administrative Agent notifies Company and Purchasers Lenders that the circumstances giving rise to such notice no longer exist, and (B) any Funding Notice or Conversion/Continuation Notice given by Company with respect to the Notes Loans in respect of which such determination was made shall be deemed to be rescinded by Company and (C) all Notes bearing interest at the LIBO Rate shall be converted to the Base Rate pursuant to Section 2.8Company.