Common use of Inability to Determine Eurodollar Rate Clause in Contracts

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar Rate: (1) the Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the Issuer) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Period; or (2) the Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such Person) of purchasing or maintaining their affected portions of such Funding Tranches during such Fixed Period; then, in either such event, the Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Agent, no further Funding Tranches shall be funded or maintained at the Eurodollar Rate. The Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 6 contracts

Samples: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

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Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1) the Funding Administrative Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Tranche Period are not available, or (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2) the Funding Administrative Agent shall have received notice from one or more the Required Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such PersonCommitted Purchasers) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Administrative Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the Committed Purchasers as soon as practicable (but, in any event, within thirty ten (3010) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Administrative Agent, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Administrative Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Administrative Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Trimas Corp), Receivables Transfer Agreement (Mascotech Inc)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the any Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed PeriodEurodollar Tranche Period with respect to such Funding Agent’s related APA Banks; or (2ii) the any Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) its related APA Banks that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and such Funding Agent’s related APA Banks as soon as practicable (but, in any event, within thirty forty-five (3045) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the such Funding Agent, no further Funding Eurodollar Tranches shall be funded or maintained at made with respect to the Eurodollar Raterelated APA Banks. The related Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent it is notified of a change in circumstances which makes such notice inapplicable.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Nalco Holding CO), Receivables Transfer Agreement (Nalco Finance Holdings LLC)

Inability to Determine Eurodollar Rate. If, prior to -------------------------------------- the first day of on which any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RateSeries 0000-0 Xxxxxxxxxx Xxxxxxx commences: (1i) the Funding Agent shall have determined or shall have been notified (which determination or notification, in the absence of manifest error error, shall be conclusive and binding upon the IssuerCompany) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the a Eurodollar Rate for such Fixed PeriodSeries 2000-1 Eurodollar Tranche; or (2ii) the Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) Series 2000-1 APA Banks that the a Eurodollar Rate determined or to be determined for such Fixed Period Series 2000-1 Eurodollar Tranche will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) Series 2000-1 APA Bank (as conclusively certified by such PersonSeries 2000-1 APA Bank(s)) of purchasing or maintaining its/their affected portions of such Funding Series 2000-1 Eurodollar Tranches during such Fixed the related Settlement Period; then, in either such event, the Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Company, the Master Servicer, the Trustee and the Series 2000-1 APA Banks as soon as practicable (but, in any event, within thirty forty-five (3045) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Agent, no further Funding Tranches Series 0000-0 Xxxxxxxxxx Xxxxxxxx shall be funded or maintained at the Eurodollar Ratemade. The Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 2 contracts

Samples: Pooling Agreement (Huntsman Ici Chemicals LLC), Pooling Agreement (Huntsman Ici Holdings LLC)

Inability to Determine Eurodollar Rate. If, prior to -------------------------------------- the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1) the Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2) the Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) Required APA Banks that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the APA Banks as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Agent, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Medpartners Inc)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the applicable Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerBorrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Funding Period; or (2ii) the applicable Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks in its Lending Group that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Funding Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Tranches Eurodollar Fundings during such Fixed Eurodollar Funding Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Administrative Agent, the Borrower and the APA Banks in its Lending Group as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the such Funding Agent, no further Funding Tranches Eurodollar Fundings shall be funded or maintained at the Eurodollar Ratemade with respect to such Lending Group. The Each Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent it is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Security and Funding Agreement (Americredit Corp)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the Funding Administrative Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Tranche Period are not available, or (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2ii) the Funding Administrative Agent shall have received notice from one or more the Required Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such PersonCommitted Purchasers) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Administrative Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the Committed Purchasers as soon as practicable (but, in any event, within thirty ten (3010) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Administrative Agent, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Administrative Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Administrative Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Collins & Aikman Corp)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RatePeriod: (1) the applicable Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerBorrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Funding Period; or (2) the applicable Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks in its Lending Group that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Funding Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Tranches Eurodollar Fundings during such Fixed Eurodollar Funding Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Administrative Agent, the Borrower and the APA Banks in its Lending Group as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the such Funding Agent, no further Funding Tranches Eurodollar Fundings shall be funded or maintained at the Eurodollar Ratemade with respect to such Lending Group. The Each Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent it is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Security Agreement (Americredit Corp)

Inability to Determine Eurodollar Rate. If, prior to -------------------------------------- the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the applicable Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerBorrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Funding Period; or (2ii) the applicable Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks in its Lending Group that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Funding Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Tranches Eurodollar Fundings during such Fixed Eurodollar Funding Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Administrative Agent, the Borrower and the APA Banks in its Lending Group as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the such Funding Agent, no further Funding Tranches Eurodollar Fundings shall be funded or maintained at the Eurodollar Ratemade with respect to such Lending Group. The Each Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent it is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Security and Funding Agreement (Americredit Corp)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RatePeriod: (1) the Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerBorrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Funding Period; or (2) the Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) Required Banks that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Funding Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Tranches Eurodollar Fundings during such Fixed Eurodollar Funding Period; then, in either such event, the Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Borrower and the APA Banks as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Funding Agent, no further Funding Tranches Eurodollar Fundings shall be funded or maintained at the Eurodollar Ratemade. The Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Funding Agreement (Americredit Corp)

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Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the Funding Administrative Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Tranche Period are not available, or (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2ii) the Funding Administrative Agent shall have received notice from one or more the Required Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such PersonCommitted Purchasers) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Administrative Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the Committed Purchasers as soon as practicable (but, in any event, within thirty ten (3010) days after such determination or notice, as applicable) thereafter. Until such notice RECEIVABLES TRANSFER AGREEMENT has been withdrawn by the Funding Administrative Agent, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Administrative Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Administrative Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Collins & Aikman Corp)

Inability to Determine Eurodollar Rate. If, prior to the first day of on which any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RateSeries 0000-0 Xxxxxxxxxx Xxxxxxx commences: (1a) the any Funding Agent shall have determined or shall have been notified (which determination or notification, in the absence of manifest error error, shall be conclusive and binding upon the IssuerCompany) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the a Eurodollar Rate for such Fixed PeriodSeries 2000-1 Eurodollar Tranche; or (2b) the any Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) related Series 2000-1 APA Banks that the a Eurodollar Rate determined or to be determined for such Fixed Period Series 2000-1 Eurodollar Tranche will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) Series 2000-1 APA Bank (as conclusively certified by such PersonSeries 2000-1 APA Bank(s)) of purchasing or maintaining its/their affected portions of such Funding Series 2000-1 Eurodollar Tranches during such Fixed the related Settlement Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Company, the Master Servicer, the Administrative Agent, the Trustee and the Series 2000-1 APA Banks as soon as practicable (but, in any event, within thirty forty five (3045) days after such determination or notice, as applicable) thereafter. Until Upon delivery of such notice and until such notice has been withdrawn by the such Funding Agent, no further Funding Tranches Series 0000-0 Xxxxxxxxxx Xxxxxxxx shall be funded or maintained at the Eurodollar Ratemade. The Each Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the such Funding Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Series Supplement (Huntsman International LLC)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1) the Funding Administrative Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Tranche Period are not available, or (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2) the Funding Administrative Agent shall have received notice from one or more the Required Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such PersonCommitted Purchasers) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Administrative Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the Committed Purchasers as soon as practicable (but, in any event, within thirty ten (3010) days after such determination or notice, as applicable) thereafter. Until Following delivery of such notice has been withdrawn by to the Funding AgentTransferor, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Administrative Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Administrative Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

Inability to Determine Eurodollar Rate. If, prior to the first -------------------------------------- day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar RatePeriod: (1i) the applicable Funding Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerBorrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Funding Period; or (2ii) the applicable Funding Agent shall have received notice from one or more Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks in its Lending Group that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Funding Period will not adequately and fairly reflect the cost to such Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) APA Banks (as conclusively certified by such PersonAPA Banks) of purchasing or maintaining their affected portions of such Funding Tranches Eurodollar Fundings during such Fixed Eurodollar Funding Period; then, in either such event, the such Funding Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Administrative Agent, the Borrower and the APA Banks in its Lending Group as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the such Funding Agent, no further Funding Tranches Eurodollar Fundings shall be funded or maintained at the Eurodollar Ratemade with respect to such Lending Group. The Each Funding Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Agent it is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Security and Funding Agreement (Americredit Corp)

Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Eurodollar Tranche maintained by reference to the Eurodollar RatePeriod: (1a) the Funding Administrative Agent shall have determined (which determination in the absence of manifest error shall be conclusive and binding upon the IssuerTransferor) that, by reason of circumstances affecting the relevant interbank Eurodollar market, either (i) dollar deposits in the relevant amounts and for the relevant Tranche Period are not available, or (ii) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Fixed Eurodollar Tranche Period; or (2b) the Funding Administrative Agent shall have received notice from one or more the Required Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) that the Eurodollar Rate determined or to be determined for such Fixed Eurodollar Tranche Period will not adequately and fairly reflect the cost to such Committed Purchasers (or any liquidity and/or credit support provider of any such Purchaser, as the case may be) (as conclusively certified by such PersonCommitted Purchasers) of purchasing or maintaining their affected portions of such Funding Eurodollar Tranches during such Fixed Eurodollar Tranche Period; then, in either such event, the Funding Administrative Agent shall give telecopy or telephonic notice thereof (confirmed in writing) to the Issuer Transferor and the Committed Purchasers as soon as practicable (but, in any event, within thirty ten (3010) days after such determination or notice, as applicable) thereafter. Until Following delivery of such notice has been withdrawn by to the Funding AgentTransferor, no further Funding Eurodollar Tranches shall be funded or maintained at the Eurodollar Ratemade. The Funding Administrative Agent agrees to withdraw any such notice as soon as reasonably practicable after the Funding Administrative Agent is notified of a change in circumstances which makes such notice inapplicable.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

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