Common use of Disaster Clause in Contracts

Disaster. Notwithstanding anything to the contrary herein, if Lender determines (which determination shall be conclusive) that: (a) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (b) the relevant rates of interest referred to in the definition of LIBOR Rate do not accurately cover the cost to Lender of making or maintaining LIBOR Loans; then Lender shall forthwith give notice thereof to the Borrower, whereupon (i) the obligation of Lender to make LIBOR Loans shall be suspended until Lender notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (ii) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereon.

Disaster. Notwithstanding anything to the contrary herein, if Lender the Bank determines (which determination shall be conclusive) that: (a) quotations Quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Interest Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (b) the The relevant rates of interest referred to in the definition of LIBOR Interest Rate upon the basis of which the rate for any such type of Loan is to be determined do not accurately cover the cost to Lender the Bank of making or maintaining LIBOR Loans; then Lender the Bank shall forthwith give notice thereof to the Borrower, whereupon (ia) the obligation of Lender the Bank to make LIBOR Loans shall be suspended until Lender the Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (iib) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Loan.

Disaster. Notwithstanding anything herein to the contrary hereincontrary, if any Lender determines (which determination shall be conclusive) that: that (a) such Lender is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits referred to in the definition of LIBOR are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or or (b) the relevant rates of interest referred to in the definition of LIBOR Lending Rate do will not accurately cover adequately reflect the cost to such Lender of making or maintaining funding LIBOR Loans; Lending Rate Portions, then Lender shall forthwith give notice thereof to the Borrower, whereupon (i) the obligation right of Lender Borrowers to make select the LIBOR Loans Lending Rate shall be suspended until such Lender notifies the Borrower Borrowers that the circumstances giving rise to causing such suspension no longer exist, and (ii) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower Borrowers shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, such Lender shall make a Prime Lending Rate Portion to Borrower in the principal amount equal to the principal amount of each the LIBOR Loan together with accrued interest thereonLending Rate Portions so repaid.

Disaster. Notwithstanding anything herein to the contrary hereincontrary, if Lender Bank determines (which determination shall be conclusiveconclusive absent manifest error) that: that (ai) Bank is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits referred to in the definition of LIBOR are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or or (bii) the relevant rates of interest referred to in the definition of LIBOR Lending Rate do will not accurately cover adequately reflect the cost to Lender Bank of making or maintaining funding LIBOR Loans; Lending Rate Portions, then Lender shall forthwith give notice thereof to the Borrower, whereupon (ix) the obligation right of Lender Borrowers to make select the LIBOR Loans Lending Rate shall be suspended until Lender Bank notifies the Borrower Borrowers that the circumstances giving rise to causing such suspension no longer exist, and (iiy) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower Borrowers shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank shall make a Base Lending Rate Portion to Borrowers in the principal amount equal to the principal amount of each the LIBOR Loan together with accrued interest thereonLending Rate Portions so repaid.

Disaster. Notwithstanding anything to the contrary herein, if any Lender determines (which determination shall be conclusive) that: (a) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Interest Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (b) the relevant rates of interest referred to in the definition of LIBOR Interest Rate upon the basis of which the rate for any such Type of Loan is to be determined do not accurately cover the cost to such Lender of making or maintaining LIBOR Loans; then such Lender shall forthwith give notice thereof to the Borrower, whereupon (i) the obligation of such Lender to make LIBOR Loans shall be suspended until such Lender notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (ii) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Loan.

Disaster. Notwithstanding anything to the contrary herein, if Lender the Bank determines (which determination shall be conclusive) that: (a1) quotations Quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Based Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR such Loan as provided in this Agreement; or (b2) the The relevant rates of interest referred to in the definition of a LIBOR Rate Based Rate, upon the basis of which the rate of interest for any such type of Loan is to be determined, do not accurately cover the cost to Lender the Bank of making or maintaining LIBOR such Type of Loans; then Lender the Bank shall forthwith give notice thereof to the Borrower, whereupon (i) until the obligation of Lender to make LIBOR Loans shall be suspended until Lender Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (iia) on the last day obligation of the then current Interest Periods applicable Bank to such LIBOR Loans either such LIBOR make Loans shall be converted to Prime Rate Loans or suspended; and (b) the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereonthereon on the last day of the then current Interest Period applicable to such LIBOR Loan.

Disaster. Notwithstanding anything to the contrary herein, if Lender , (a) If the Agent determines (which determination shall be conclusive) that: (a) that quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Rate Loan as provided in this Agreement; or (b) If the Agent shall have received written notice from any Bank of its determination (which determination shall be conclusive) that the relevant rates of interest referred to in the definition of LIBOR Rate upon the basis of which the rate of interest for LIBOR Rate Loan is to be determined do not accurately cover the cost to Lender such Bank of making or maintaining LIBOR such type of Loans; then Lender the Agent shall forthwith give notice thereof to the Borrower, whereupon (i1) the obligation of Lender such Bank to make LIBOR Rate Loans shall be suspended until Lender the Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (ii2) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan Rate Loan, together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Loan.

Disaster. Notwithstanding anything to the contrary herein, if the Lender determines (which determination shall be conclusive) that: (a) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (b) the relevant rates of interest referred to in the definition of LIBOR Rate upon the basis of which the rate for any such type of Loan is to be determined do not accurately cover the cost to the Lender of making or maintaining LIBOR Loans; then the Lender shall forthwith give notice thereof to the Borrower, whereupon (i) the obligation of the Lender to make LIBOR Loans shall be suspended until the Lender notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (ii) on at the last day election of Borrower, the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Converted into Base Rate Loans or of the same principal amount or, if no such election is made, the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Loan.

Disaster. Notwithstanding anything to the contrary herein, if the Lender determines (which determination shall be conclusive) that: (a) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Interest Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (b) the relevant rates of interest referred to in the definition of LIBOR Interest Rate upon the basis of which the rate for any such type of Loan is to be determined do not accurately cover the cost to the Lender of making or maintaining LIBOR Loans; then the Lender shall forthwith give notice thereof to the Borrower, whereupon (a) at the election of Borrower, the LIBOR Loans shall be Converted into Base Rate Loans of the same principal amount or, if no such election is made, and (b) (i) the obligation of the Lender to make LIBOR Loans shall be suspended until the Lender notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (ii) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Loan.

Disaster. Notwithstanding anything to the contrary herein, if Lender the Bank determines (which determination shall be conclusive) that: : (ai) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Interest Rate are not being provided in the relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or or (bii) the relevant rates of interest referred to in the definition of LIBOR Interest Rate upon the basis of which the rate of interest for any LIBOR Loan is to be determined do not accurately cover the cost to Lender the Bank of making or maintaining LIBOR Loans; then Lender the Bank shall forthwith give written notice thereof to the Borrower, whereupon (ia) the obligation of Lender the Bank to make LIBOR Loans shall be suspended until Lender the Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, and (iib) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each LIBOR Loan Loan, together with accrued interest thereon, on the last day of the Interest Period applicable to such Loan. Provided there is no Event of Default hereunder, any LIBOR Loan required to be repaid under this section may be repaid by the Borrower by automatic conversion to a Prime Loan at the time of such repayment.

Disaster. Notwithstanding anything to the contrary herein, if Lender the Administrative Agent determines (which determination shall be conclusive) that: (a) that quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Rate, are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or , or if the Majority Banks determine (bwhich determination shall be conclusive) that the relevant rates of interest referred to in the definition of LIBOR Rate Rate, upon the basis of which the rate of interest for any such type of Loan is to be determined do not accurately cover the cost to Lender the Banks of making or maintaining LIBOR such type of Loans; , then Lender the Administrative Agent shall forthwith give notice thereof to the Borrower, whereupon (ia) the obligation of Lender the Banks to make LIBOR Loans shall be suspended until Lender the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer existexist and such obligation shall be replaced with an obligation to fund Base Rate Loans in lieu thereof, and the interest rate on which Base Rate Loans shall be determined by the Administrative Agent without reference to the LIBOR Rate component of the Base Rate, and (iib) on the last day of the then current Interest Periods applicable to such LIBOR Loans either such LIBOR Loans shall be converted to Prime Rate Loans or the Borrower shall repay in full the then outstanding principal amount of each all LIBOR Loan Loans, together with interest accrued thereon, shall be repaid or converted into Base Rate Loans (the interest thereonrate on which Base Rate Loans shall be determined by the Administrative Agent without reference to the LIBOR component of the Base Rate).