Common use of Inability to Determine Eurodollar Rate Clause in Contracts

Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, and the Lenders) to the Borrowers and the Lenders. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and the obligations of the Lenders to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers and the Lenders.

Appears in 1 contract

Samples: Revolving and Term Credit Agreement (Heritage Property Investment Trust Inc)

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Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent Lender shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent Lender shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, and the LendersBorrower) to the Borrowers and the LendersBorrower. In such event (a) any Loan each Conversion Request with respect to each Eurodollar Rate Loans Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loans and Loan, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (c) the obligations of the Lenders Lender to make convert Loans of another Type into Eurodollar Rate Loans shall be suspended until the Administrative Agent Lender determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent Lender shall so notify the Borrowers and the LendersBorrower.

Appears in 1 contract

Samples: Term Loan Agreement (Moran Transportation Co)

Inability to Determine Eurodollar Rate. In the event that, that prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during such Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, and the LendersBorrower) to the Borrowers and the LendersBorrower. In such event (a) any Loan Request with respect to Eurodollar Rate Loans Loan shall be automatically withdrawn and shall be deemed to be a request for a Base Rate Loans and Loan, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (c) the obligations of the Lenders to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers and the LendersBorrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aegis Realty Inc)

Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersBanks) to the Borrowers Borrower and the LendersBanks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (iii) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the LendersBanks. 4.6.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, and the LendersBorrower) to the Borrowers and the LendersBorrower. In such event (a) any Loan Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (c) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers and the LendersBorrower.

Appears in 1 contract

Samples: Term Loan Agreement (Liberty Property Limited Partnership)

Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersBanks) to the Borrowers Borrower and the LendersBanks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and and, shall be deemed a request for Base Rate Loans and Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (iii) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (New England Business Service Inc)

Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersBanks) to the Borrowers Borrower and the LendersBanks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and and, shall be deemed a request for Base Rate Loans and Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (iii) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the LendersBanks. 4.6.

Appears in 1 contract

Samples: Revolving Credit Agreement (New England Business Service Inc)

Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent Bank shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent Bank shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersLP) to the Borrowers Borrower and the LendersLP. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Domestic Rate Loans and Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Domestic Rate Loan, and (c) the obligations of the Lenders Bank to make Eurodollar Rate Loans shall be suspended until the Administrative Agent Bank determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent Bank shall so notify the Borrowers Borrower and the LendersLP.

Appears in 1 contract

Samples: Credit and Security Agreement (Maxxam Inc)

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Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall reasonably determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, and the LendersBorrower) to the Borrowers Borrower and the LendersBanks. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereof, become a Base Rate Loan, and (c) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent reasonably determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the LendersBanks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Beacon Properties L P)

Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersBanks) to the Borrowers Borrower and the LendersBanks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereofrelating thereto, become a Base Rate Loan, and (iii) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the LendersBanks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Charlotte Russe Holding Inc)

Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrowers and the LendersBanks) to the Borrowers and the LendersBanks. In such event (a) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereofrelating thereto, become a Base Rate Loan, and (c) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers and the LendersBanks.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Inability to Determine Eurodollar Rate. In the event that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine or be notified by the Majority Banks that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the LendersBanks) to the Borrowers Borrower and the LendersBanks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereofrelating thereto, become a Base Rate Loan, and (iii) the obligations of the Lenders Banks to make Eurodollar Rate Loans shall be suspended until the Administrative Agent or the Majority Banks determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent or, as the case may be, the Agent upon the instruction of the Majority Banks, shall so notify the Borrowers Borrower and the LendersBanks.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)

Inability to Determine Eurodollar Rate. In the event thatevent, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate for such that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrowers, each Guarantor through its guarantee hereunder, Borrower and the Lenders) to the Borrowers Borrower and the Lenders. In such event (a) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans and Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period thereofrelating thereto, become a Base Rate Loan, and (c) the obligations of the Lenders to make Eurodollar Rate Loans shall be suspended until the Administrative Agent Agent, exercising reasonable due diligence determines that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent shall so notify the Borrowers Borrower and the Lenders. 5.5.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

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