Common use of Determination of Interest Rate Clause in Contracts

Determination of Interest Rate. As soon as practicable after 10:00 a.m. (New York time) on the LIBOR Interest Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate for the LIBOR Loans for which an interest rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after 10:00 a.m. 11:00 A.M. (New York Chicago time) on the LIBOR each Interest Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be presumptively correctfinal, conclusive and binding upon all parties) the interest rate for that shall apply to the LIBOR Rate Loans for which an interest rate is then being determined for the applicable Interest Period and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable BorrowerBorrower and each Lender. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shall, absent manifest error, shall be presumptively correct final and conclusive and binding upon all parties) that: (i) parties hereto), on any Interest Rate Determination Date with respect to any LIBOR Rate Loans, that by reason of circumstances affecting the interbank Eurodollar market, adequate and fair means do not exist for ascertaining determining the interest rate applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect on the cost basis provided for in the definition of LIBOR, Agent shall on such date give notice (by telecopy or by telephone confirmed in writing) to any Borrower and each Lender of makingsuch determination, funding or maintaining its LIBOR Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: whereupon (A1) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to makeno Loans may be made as, or to convert Loans converted into, LIBOR Loans shall be suspended until the such time as Agent shall notify the applicable notifies Borrower and the Lenders that the circumstances causing giving rise to such suspension notice no longer existexist and (2) any Notice of Borrowing or Notice of Conversion/Continuation given by Borrower with respect to the Loans in respect of which such determination was made shall be deemed to be modified by Borrower and the LIBOR Loans then being requested shall be made or continued by Lenders as Base Rate Loans.

Determination of Interest Rate. As soon as practicable after 10:00 a.m. (New York time) on the LIBOR Interest Rate Determination Date, the Agent shall determine (which determination shalldetermination, absent manifest error, shall be presumptively correct) the interest rate for the LIBOR Loans for which an interest rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shalldetermination, absent manifest error, shall be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after ------------------------------ 10:00 a.m. (New York time) on the LIBOR Interest Rate Determination Date, the Administrative Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate for the LIBOR Loans for which an interest rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Administrative Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Administrative Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Administrative Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after ------------------------------ 10:00 a.m. (New York time) on the LIBOR Interest Rate Determination Date, the Administrative Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate for the LIBOR Loans for which an interest rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Administrative Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i1) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii2) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Administrative Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of o f the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Administrative Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after 10:00 11:00 a.m. (New York San Francisco, California time) on the LIBOR Interest Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate Interest Rate for the LIBOR Loans for which an interest rate Interest Rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable BorrowerParent. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower Borrowers and the LenderLenders, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Agent shall notify the applicable Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after 10:00 a.m. (New York time) on the LIBOR Interest Rate Determination Date, the Administrative Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate for the LIBOR Loans for which an interest rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Administrative Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i1) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii2) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Administrative Agent shall forthwith so notify the applicable Borrower and the Lender, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Administrative Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after 10:00 a.m. (New York Chicago, Illinois time) on the LIBOR Interest Rate Determination Date, the Collateral Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate Interest Rate for the LIBOR Loans for which an interest rate Interest Rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Collateral Agent shall have determined determined, either independently or upon notice from a Lender (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus for the Applicable Margin for any relevant Interest Period for such Loans will not adequately reflect the cost to any Lender the Required Lenders of making, funding or maintaining its their LIBOR Loan Loans for such Interest Period, the Collateral Agent shall forthwith so notify the applicable Borrower and the LenderLenders, whereuponwhereupon until the Collateral Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer exist: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Reference Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Agent shall notify the applicable Borrower and the Lenders that the circumstances causing such suspension no longer existsuspended.

Determination of Interest Rate. As soon as practicable after 10:00 11:00 a.m. (New York San Francisco, California time) on the LIBOR Interest Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate Interest Rate for the LIBOR LIBO Rate Loans for which an interest rate Interest Rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable Borrower. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shall, absent manifest error, be presumptively correct and binding upon all parties) that: (i) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR LIBO Rate Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower Borrowers and the LenderLenders, whereupon: (A) each LIBOR LIBO Rate Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR LIBO Rate Loans shall be suspended until the Agent shall notify the applicable Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.

Determination of Interest Rate. As soon as practicable after 10:00 a.m. (New York Chicago, Illinois time) on the LIBOR Interest Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be presumptively correct) the interest rate Interest Rate for the LIBOR Loans for which an interest rate Interest Rate is then being determined and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the applicable BorrowerBorrower and to the Lenders. In the event that on any LIBOR Interest Rate Determination Date the Agent shall have determined (which determination shall, absent manifest error, shall be presumptively correct and binding upon all parties) that: (i1) adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be fixed; or (ii2) the LIBO Rate plus the Applicable Margin for any Interest Period for such Loans will not adequately reflect the cost to any Lender of making, funding or maintaining its LIBOR Loan for such Interest Period, the Agent shall forthwith so notify the applicable Borrower and the LenderLenders, whereupon: (A) each LIBOR Loan will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Reference Rate Loan; and (B) the obligation of the Lenders to make, or to convert Loans into, LIBOR Loans shall be suspended until the Agent shall notify the applicable Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.