Common use of Inability to Determine Eurodollar Rate Clause in Contracts

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first day of any Yield Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment during such Yield Period, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to such Portions of Investment.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any each such Portion of Investment of such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller and the Insurer prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment of such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods Period End Dates relating to such Portions of Investment.

Inability to Determine Eurodollar Rate. In If the event that the Agent Administrator shall have determined prior to before the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) ), by reason of circumstances affecting the interbank Eurodollar market, either that: (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser Issuer (as conclusively determined by the AgentAdministrator) of maintaining any Portion of Investment Capital during such Yield Settlement Period, the Agent Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to before the first day of such Yield Settlement Period. Upon delivery of such notice notice: (ai) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, Rate unless and until the Agent Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (bii) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Settlement Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent Administrator shall have determined prior to the first day of any Yield Fixed Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser Issuer (as conclusively determined by the AgentAdministrator) of maintaining any Portion of Investment Capital during such Yield Fixed Period, the Agent Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Fixed Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Agent Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Fixed Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first on any day of during any Yield Discount Accrual Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period such day are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period day or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment during Capital for such Yield Periodday, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller Sellers prior to the first day of on such Yield Periodday. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller Sellers that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to on such Portions of Investmentday.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar Dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any Portion each such Investment of Investment such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion Investment of Investment such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at for the respective last days of the then-current next Yield Periods relating to such Portions of InvestmentPeriod.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any each such Portion of Investment of such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment of such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods Period End Dates relating to such Portions of Investment.

Inability to Determine Eurodollar Rate. In the event that the Agent Administrator shall have determined prior to the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the AgentAdministrator) of maintaining any Portion portion of Investment the Loan during such Yield Settlement Period, the Agent Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Settlement Period. Upon delivery of such notice (a) no Portion portion of Investment the Loan shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Agent Administrator shall have given notice to the Seller Borrower that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions portions of Investment the Loan then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Settlement Periods relating to such Portions portions of Investmentthe Loan.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first day of any Yield Fixed Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances circumstances, affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser Issuer (as conclusively determined by the Agent) of maintaining any Portion of Investment Capital during such Yield Fixed Period, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Fixed Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, exist and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Fixed Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first day of any Yield Discount Accrual Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Discount Accrual Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Discount Accrual Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment Capital during such Yield Discount Accrual Period, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Discount Accrual Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Discount Accrual Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first day of any Yield Discount Accrual Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Discount Accrual Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Discount Accrual Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment Capital during such Yield Discount Accrual Period, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller Sellers prior to the first day of such Yield Discount Accrual Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller Sellers that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Discount Accrual Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first on any day of during any Yield Discount Accrual Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period such day are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period day or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment during Capital for such Yield Periodday, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of on such Yield Periodday. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to on such Portions of Investmentday.

Inability to Determine Eurodollar Rate. In If the event that the Agent Administrator shall have determined prior to before the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) ), by reason of circumstances affecting the interbank Eurodollar market, either that: (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser Issuer (as conclusively determined by the AgentAdministrator) of maintaining any Portion of Investment Capital during such Yield Settlement Period, the Agent Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to before the first day of such Yield Settlement Period. Upon delivery of such notice notice: (ai) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, Rate unless and until the Agent Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (bii) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall shall, on the immediately succeeding Settlement Date, automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Settlement Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first on any day of during any Yield Discount Accrual Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period such day are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period day or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment during Capital for such Yield Periodday, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Periodday. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to on such Portions of Investmentday.

Inability to Determine Eurodollar Rate. In the event that the Administrative Agent shall have determined prior to the first day of any Yield Fixed Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser Issuer (as conclusively determined by the Administrative Agent) of maintaining any Portion of Investment Capital during such Yield Fixed Period, the Administrative Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Fixed Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Administrative Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Fixed Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any Portion each such Investment of Investment such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion Investment of Investment such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at for the respective last days of the then-current next Yield Periods relating to such Portions of InvestmentPeriod.

Inability to Determine Eurodollar Rate. In the event that the Agent Administrator (or any Purchaser Agent) shall have determined prior to the first day of any Yield Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the any Purchaser (as conclusively determined by such Purchaser or the applicable Purchaser Agent) of maintaining any Portion of Investment during such Yield Period, the Administrator or the applicable Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment of such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Administrator or the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment of such Purchaser then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to such Portions of Investment.

Inability to Determine Eurodollar Rate. In the -------------------------------------- event that the Agent Administrator shall have determined prior to the first day of any Yield Fixed Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the AgentAdministrator) of maintaining any Portion of Investment Capital during such Yield Fixed Period, the Agent Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Fixed Period. Upon delivery of such notice (a) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Agent Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Fixed Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the If any Funding Agent -------------------------------------- shall have determined prior to before the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) ), by reason of circumstances affecting the interbank Eurodollar market, either that: (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser applicable Affected Person (as conclusively determined by the such Funding Agent) of maintaining any Portion of Investment Capital during such Yield Settlement Period, the such Funding Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to before the first day of such Yield Settlement Period. Upon delivery of such notice notice: (ai) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, Rate unless and until the such Funding Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (bii) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall shall, on the immediately succeeding Settlement Date, automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Settlement Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the If any Funding Agent shall have determined prior to before the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) ), by reason of circumstances affecting the interbank Eurodollar market, either that: (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser applicable Affected Person (as conclusively determined by the such Funding Agent) of maintaining any Portion of Investment Capital during such Yield Settlement Period, the such Funding Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to before the first day of such Yield Settlement Period. Upon delivery of such notice notice: (ai) no Portion of Investment Capital shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, Rate unless and until the such Funding Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (bii) with respect to any outstanding Portions of Investment Capital then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall shall, on the immediately succeeding Settlement Date, automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Settlement Periods relating to such Portions of InvestmentCapital.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any each such Portion of Investment of such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller and the Insurer prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment of such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to such Portions of Investment.

Inability to Determine Eurodollar Rate. In the event that the any Purchaser Agent shall have determined prior to the first day of any Yield Period for the Participation of its Purchaser (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the such Purchaser Agent) to any Purchaser for which such Purchaser Agent acts as agent of maintaining any each such Portion of Investment of such Purchaser during such Yield Period, the such Purchaser Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment of such Purchaser shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the applicable Purchaser Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods Period End Dates relating to such Portions of Investment.. 10 Third Amended and Restated

Inability to Determine Eurodollar Rate. In the event that If the Agent shall have determined prior to the first day of any Yield Settlement Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or Settlement Period, (c) the Eurodollar Rate determined pursuant hereto does not accurately adequately and fairly reflect the cost to the Purchaser Lender (as conclusively determined by the Agent) of maintaining any Portion of Investment Loan during such Yield Settlement Period, or (d) it shall become unlawful for the Lender or any Purchaser to obtain funds in the interbank Eurodollar market (each, an “Eurodollar Unavailability Condition”), the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller Borrower prior to the first day of such Yield Settlement Period. Upon delivery of such notice (a) no Portion of Investment Loan shall be funded thereafter at the Bank Alternate Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller Borrower that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment Loans then funded at the Bank Alternate Rate determined by reference to the Eurodollar Rate, such Bank Alternate Rate shall automatically be converted to the Bank Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Yield Settlement Periods relating to such Portions of InvestmentLoans (or earlier, if required by law).