Common use of EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE Clause in Contracts

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Rate Loan, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 5 contracts

Samples: Assignment Agreement (Davey Tree Expert Co), Credit Agreement (Davey Tree Expert Co), Credit Agreement (Davey Tree Expert Co)

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EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. (a) In respect of any LIBOR Eurodollar Loan, in the event that Agent shall have determined that dollar for Eurodollar Loans, that Dollar deposits of in the relevant amount for the relevant Interest Period for such LIBOR Eurodollar Loan are not available to Agent in the applicable eurodollar market Eurodollar market, or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the applicable LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower and (ai) any notice of a new LIBOR Loan (or conversion of an existing Base Rate Loan to a LIBOR Loan) previously given by Borrower and not yet borrowed (or converted, as the case may be) Eurodollar Loan shall be deemed a notice to make continue a Base Rate Loan, and (bii) Borrower shall be obligated either to prepay, or with respect to a Eurodollar Loan, to convert to a Base Rate Loan, any outstanding LIBOR Eurodollar Loan on the last day of the then current Interest Period with respect thereto.

Appears in 4 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Nordson Corp), Term Loan Agreement (Nordson Corp)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Prime Rate Loan, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Prime Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/), Assignment and Acceptance Agreement (Steris Corp)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Administrative Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent the Banks in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Administrative Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Prime Rate Loan, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Prime Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 2 contracts

Samples: Credit Agreement (Park Ohio Holdings Corp), Credit Agreement (Park Ohio Industries Inc/Oh)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Agent shall have determined in good faith that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent the Bank in the applicable eurodollar market or that, by reason of circumstances occurring after the Closing Date affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower Borrowers and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower Borrowers and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Rate Loan, and (b) Borrower Borrowers shall be obligated either to prepay, or to convert to a Base Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 1 contract

Samples: Credit and Security Agreement (Res Care Inc /Ky/)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent Bank in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Prime Rate Loan, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Prime Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co)

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EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR LoanLoans, in the event that Administrative Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan Loans are not available to Agent the Banks in the applicable eurodollar Eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate rate applicable to such Interest Period, as the case may be, Administrative Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan Loans (or conversion of an existing Loan Loans to a LIBOR LoanLoans) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Prime Rate LoanLoans, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Prime Rate LoanLoans, any outstanding LIBOR Loan Loans on the last day of the then current Interest Period or Periods with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Industries Inc)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR Loan, in the event that Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan are not available to Agent in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower the Treasury Manager and (a) any notice of a new LIBOR Loan (or conversion of an existing Loan to a LIBOR Loan) previously given by Borrower the Treasury Manager and not yet borrowed (or converted, as the case may be) shall be deemed to be a notice to make a Base Rate Loan, and (b) Borrower Borrowers shall be obligated either to prepay, or to convert to a Base Rate Loan, any outstanding LIBOR Loan on the last day of the then current Interest Period with respect thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Cedar Fair L P)

EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE. In respect of any LIBOR LoanLoans, in the event that Agent shall have determined that dollar deposits of the relevant amount for the relevant Interest Period for such LIBOR Loan Loans are not available to Agent the Bank in the applicable eurodollar market or that, by reason of circumstances affecting such market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to such Interest Period, as the case may be, Agent shall promptly give notice of such determination to Borrower and (a) any notice of a new LIBOR Loan Loans (or conversion of an existing Loan Loans to a LIBOR LoanLoans) previously given by Borrower and not yet borrowed (or converted, as the case may be) shall be deemed a notice to make a Base Rate LoanLoans, and (b) Borrower shall be obligated either to prepay, or to convert to a Base Rate LoanLoans, any outstanding LIBOR Loan Loans on the last day of the then current Interest Period or Periods with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Greif Brothers Corp)

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