Common use of Deposits Unavailable Clause in Contracts

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or ConversionContinuation/Continuation Conversion Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or ContinuationConversion/Conversion Continuation Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or ConversionContinuation/Continuation Conversion Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.

Deposits Unavailable. If prior to the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant commencement of any Interest Period are neither available to such Required Lenders in for an Eurocurrency Loan or EURIBOR Loan (i) the eurodollar market nor available to them in their respective relevant markets, or Administrative Agent determines (bwhich determination shall be conclusive and binding absent manifest error) by reason of circumstances affecting the eurodollar market, that adequate and reasonable means do not exist for ascertaining the interest rate Eurocurrency Rate or EURIBOR Rate for a Loan in the applicable hereunder to LIBO Rate Loans, then, upon notice from currency or for the applicable Interest Period; or (ii) the Administrative Agent is advised by the Required Lenders that the Eurocurrency Rate or EURIBOR Rate for a Loan in the applicable currency or for the applicable Interest Period will not adequately and fairly reflect the cost to such Lenders (or Lender) of making or maintaining their Loans (or its Loan) for such Interest Period, then the Administrative Agent shall give notice thereof to the Borrower Company and the LendersLenders by telephone or telecopy as promptly as practicable thereafter and, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify notifies the Borrower Company and the Lenders that the circumstances causing giving rise to such suspension notice no longer exist. Upon receipt , (A) any interest election request that requests the conversion of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rateany Eurocurrency Loan, the Borrower may revoke or continuation of any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified Eurocurrency Loan in the applicable currency or for the applicable Interest Period, as the case may be, shall be ineffective, (B) if such Loan is requested in USD, such Loan shall be made as a Base Rate Loan and (C) if such Loan is requested in any Alternate Currency, then the Eurocurrency Rate for such Eurocurrency Loan, or the EURIBOR Rate for such EURIBOR Loan, as applicable, shall be at the COF Rate; provided, that no Lender shall have any obligation to disclose or use such Lender’s COF Rate; provided, further, that (x) if the circumstances giving rise to such notice submitted do not affect all the Lenders, then requests by the Borrowerapplicable Borrower for Eurocurrency Loans may be made to Lenders that are not affected thereby and (y) if the circumstances giving rise to such notice affect only one type of Loans, but such Revolving then the other type of Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to existpermitted.

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or ContinuationConversion/Conversion Continuation Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or ConversionContinuation/Continuation Conversion Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.

Deposits Unavailable. If prior to the Required Lenders date on which all or any portion of the principal amount of any Loan is to be made, continued as, or be converted into, a Fixed Rate Loan, any Affected Lender or the Administrative Agent shall have reasonably determined that determine for any reason whatsoever (awhich determination shall, in the absence of demonstrable error, be conclusive and binding on the Borrower) that: Dollar deposits in the relevant amount and for the relevant Interest Period are neither not available to such Required Lenders the Affected Lender in the eurodollar market nor available to them in their respective its relevant markets, market; or (b) by reason of circumstances affecting the eurodollar Scotia Capital in its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Fixed Rate Loans, then, upon ; the Administrative Agent (after receipt of notice from the Administrative Agent Affected Lender, in the case of clause (a) above) shall promptly give telephonic notice of such determination confirmed in writing to the Borrower each Lender and the LendersBorrower, and: the obligations obligation under Section 5.1 of the Affected Lender (in the case of clause (a) above) or all Lenders under Section 2.3 and Section 2.4 (in the case of clause (b) above) to make or make, continue any Revolving Loans portion of the principal amount of a Loan as, or to convert any Revolving Loans a Loan into, LIBO one or more Fixed Rate Loans shall, upon such notification, forthwith terminate; and the portion of all Loans then maintained as Fixed Rate Loans by the Affected Lender (in the case of clause (a) above) or all Lenders (in the case of clause (b) above) shall forthwith on the expiration of the Interest Period applicable thereto automatically convert into Base Rate Loans. If circumstances subsequently change so that the Administrative Agent or the Affected Lender, as the case may be, shall no longer be suspended until so affected, the Administrative Agent shall notify promptly give telephonic notice thereof confirmed in writing to the Borrower and each of the Lenders that Lenders, and the circumstances causing such suspension no longer exist. Upon receipt obligations of notice from the Affected Lender or all Lenders, as the case may be, under Section 5.1 to make or continue Loans as, or convert Loans into, Fixed Rate Loans shall be reinstated, and the Administrative Agent that the Required Lenders are unable to determine the LIBO Rateshall, the Borrower may revoke any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains each Lender, declare that the circumstances causing such suspension cease to existobligations have been so reinstated.

Deposits Unavailable. If the Required Lenders Administrative Agent shall have reasonably determined that that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by a)by reason of circumstances affecting the eurodollar relevant market, adequate and reasonable means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loansthe Eurodollar Advances; or (b)with respect to any interest rate otherwise applicable hereunder to any Eurodollar Advances the Eurodollar Interest Accrual Period for which has not then commenced, Investor Groups holding in the aggregate more than 50% of the Eurodollar Advances have determined that such interest rate will not adequately reflect the cost to them of funding, agreeing to fund or maintaining such Eurodollar Advances for such Eurodollar Interest Accrual Period, then, upon notice from the Administrative Agent (which, in the case of clause (b) above, the Administrative Agent shall give upon obtaining actual knowledge that such percentage of the Investor Groups have so determined) to the Borrower Funding Agents, the Manager and the LendersMaster Issuer, the obligations of all Lenders under Section 2.3 and Section 2.4 the Investors to make fund or continue maintain any Revolving Loans asAdvance as a Eurodollar Advance after the end of the then-current Eurodollar Interest Accrual Period, or to convert any Revolving Loans intoif any, LIBO Rate Loans with respect thereto shall forthwith be suspended and on the date such notice is given such Advances will convert to Base Rate Advances until the Administrative Agent shall notify has notified the Borrower Funding Agents and the Lenders Master Issuer that the circumstances causing such suspension no longer exist. Upon receipt Notwithstanding the foregoing or any other provision of notice from this Agreement to the contrary, in the event that the Eurocurrency Funding Rate (or the publication thereof) is discontinued at any time, the Administrative Agent and the Master Issuer may, and shall negotiate in good faith to, amend this Agreement to provide for a reference rate to replace the Eurodollar Funding Rate; provided that the Required Lenders are unable to determine the LIBO Rateuntil such amendment is effective, the Borrower may revoke any Borrowing Request or Continuation/Conversion Notice then submitted by it. If Advances will bear interest at the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead without giving effect to clause (a)(i)(C) of LIBO Rate Loansthe definition thereof. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.Section 3.05

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.LIBO

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (b) by reason of circumstances affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 2.5 and Section 2.4 2.6 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke revoke, subject to Section 4.5, any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.

Deposits Unavailable. If prior to the Required Lenders shall have reasonably determined that (a) Dollar deposits in the relevant amount and for the relevant commencement of any Interest Period are neither available to such Required Lenders in for an Eurocurrency Loan (i) the eurodollar market nor available to them in their respective relevant markets, or Administrative Agent determines (bwhich determination shall be conclusive and binding absent manifest error) by reason of circumstances affecting the eurodollar market, that adequate and reasonable means do not exist for ascertaining the interest rate Eurocurrency Rate for a Loan in the applicable hereunder to LIBO Rate Loans, then, upon notice from currency or for the applicable Interest Period; or (ii) the Administrative Agent is advised by the Required Lenders that the Eurocurrency Rate for a Loan in the applicable currency or for the applicable Interest Period will not adequately and fairly reflect the cost to such Lenders (or Lender) of making or maintaining their Loans (or its Loan) for such Interest Period, then the Administrative Agent shall give notice thereof to the Borrower Company and the LendersLenders by telephone or telecopy as promptly as practicable thereafter and, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify notifies the Borrower Company and the Lenders that the circumstances causing giving rise to such suspension notice no longer exist. Upon receipt , (A) any interest election request that requests the conversion of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rateany Eurocurrency Loan to, the Borrower may revoke or continuation of any Borrowing Request or Continuation/Conversion Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or Conversion/Continuation Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified Eurocurrency Loan in the applicable currency or for the applicable Interest Period, as the case may be, shall be ineffective, (B) if such Loan is requested in USD, such Loan shall be made as a Base Rate Loan and (C) if such Loan is requested in any Alternate Currency, then the Eurocurrency Rate for such Eurocurrency Loan shall be at the COF Rate; provided, further, that (x) if the circumstances giving rise to such notice submitted do not affect all the Lenders, then requests by the Borrowerapplicable Borrower for Eurocurrency Loans may be made to Lenders that are not affected thereby and (y) if the circumstances giving rise to such notice affect only one type of Loans, but such Revolving then the other type of Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to existpermitted.

Deposits Unavailable. If the Required Lenders shall have reasonably determined that (ax) Dollar deposits in the relevant amount and for the relevant Interest Period are neither available to such Required Lenders in the eurodollar market nor available to them in their respective relevant markets, or (by) by reason of circumstances arising on or after the Effective Date affecting the eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section Sections 2.3 and Section 2.4 to make or continue any Revolving Loans as, or to convert any Revolving Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist. Upon receipt of notice from the Administrative Agent that the Required Lenders are unable to determine the LIBO Rate, the Borrower may revoke any Borrowing Request or ContinuationConversion/Conversion Continuation Notice then submitted by it. If the Borrower does not revoke such Borrowing Request or ConversionContinuation/Continuation Conversion Notice, the Lenders shall make, convert or continue the Revolving Loans, as proposed by the Borrower, in the amount specified in the applicable notice submitted by the Borrower, but such Revolving Loans shall be made, converted or continued as Base Rate Loans instead of LIBO Rate Loans. The Administrative Agent agrees to give prompt notice to the Borrower and the Lenders when it ascertains that the circumstances causing such suspension cease to exist.