Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the Banks. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Prime Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable thereto, become a Prime Rate Loan, and (c) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and until the Agent reasonably and in good faith determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Boston Properties Inc), Revolving Credit Agreement (Boston Properties Inc), Revolving Credit Agreement (Boston Properties Inc)
Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the BorrowerBorrower and the Banks) to the Borrower and the Banks. In such event (ai) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Prime Base Rate Loans, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable theretothereof, become a Prime Base Rate Loan, and (ciii) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and suspended until the Agent reasonably and in good faith determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
Appears in 3 contracts
Samples: Credit Agreement (HPSC Inc), Revolving Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc)
Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the BorrowerBorrower and the Banks) to the Borrower and the Banks. In such event (a) any Loan Request, Advance Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Prime Base Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable relating thereto, become a Prime Base Rate Loan, and (c) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and suspended until the Agent reasonably and in good faith determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)
Inability to Determine Eurodollar Rate. In the event, -------------------------------------- prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the Banks. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Prime Base Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable theretothereof, become a Prime Base Rate Loan, and (c) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and until the Agent reasonably and in good faith determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
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Inability to Determine Eurodollar Rate. In the eventevent that, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent Lender shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent Lender shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the BanksBorrower. 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 Prime a Base Rate LoansLoan, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable theretothereof, become a Prime Base Rate Loan, and (c) the obligations of the Banks Lender to make convert Loans of another Type into Eurodollar Rate Loans shall be suspended, in each case unless and suspended until the Agent reasonably and in good faith Lender determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent Lender shall so notify the Borrower and the BanksBorrower.
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Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the Banks. In such event (a) any Loan Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Prime Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable theretothereof, become a Prime Rate Loan, and (c) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and until the Agent reasonably and in good faith determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
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Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the BorrowerBorrower and the Banks) to the Borrower and the Banks. 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 Prime Base Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable relating thereto, become a Prime Base Rate Loan, and (c) the obligations of the Banks to make Eurodollar Rate Loans shall be suspended, in each case unless and suspended until the Agent reasonably and in good faith Agent, exercising reasonable due diligence determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Banks.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)
Inability to Determine Eurodollar Rate. In the event, prior to the -------------------------------------- commencement of any Interest Period relating to any Eurodollar Rate Loan, the Agent Bank shall reasonably and in good faith determine that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Agent Bank shall forthwith give notice of such determination (which shall be conclusive and binding on the BorrowerBorrowers) to the Borrower and the BanksBorrowers. In such event (ai) any Loan Request or Conversion Request with respect to any Eurodollar Rate Loans Loan shall be automatically withdrawn and shall be deemed a request for Prime a Base Rate LoansLoan, (bii) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period applicable theretothereof, become a Prime Base Rate Loan, and (ciii) the obligations obligation of the Banks Bank to make Eurodollar Rate Loans shall be suspended, in each case unless and suspended until the Agent reasonably and in good faith Bank determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent Bank shall so notify the Borrower and the BanksBorrowers.
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