Common use of Inability to Determine Eurodollar Rate Clause in Contracts

Inability to Determine Eurodollar Rate. If the Administrator shall have determined before the first day of any 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 Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the Administrator) of maintaining any Portion of Capital during such Settlement Period, the Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before the first day of such Settlement Period. Upon delivery of such notice: (i) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate unless and until the Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (ii) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Settlement Periods relating to such Portions of Capital.

Inability to Determine Eurodollar Rate. If In the event that the Administrator shall have determined before prior to the first day of any Settlement Fixed 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 Settlement Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the Administrator) of maintaining any Portion of Capital during such Settlement Fixed Period, the Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before prior to the first day of such Settlement Fixed Period. Upon delivery of such notice: notice (ia) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate Rate, unless and until the Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (iib) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Settlement Fixed Periods relating to such Portions of Capital.

Inability to Determine Eurodollar Rate. If the Administrator any Funding Agent shall have determined before the first day of any 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 Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer applicable Affected Person (as conclusively determined by the Administratorsuch Funding Agent) of maintaining any Portion of Capital during such Settlement Period, the Administrator such Funding Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before the first day of such Settlement Period. Upon delivery of such notice: (i) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate unless and until the Administrator such Funding Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (ii) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall shall, on the immediately succeeding Settlement Date, automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Settlement Periods relating to such Portions of Capital.

Inability to Determine Eurodollar Rate. If In the Administrator event that the Administrative Agent shall have determined before prior to the first day of any Settlement Fixed 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 Settlement Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the AdministratorAdministrative Agent) of maintaining any Portion of Capital during such Settlement Fixed Period, the Administrator Administrative Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before prior to the first day of such Settlement Fixed Period. Upon delivery of such notice: notice (ia) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate Rate, unless and until the Administrator Administrative Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (iib) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Settlement Fixed Periods relating to such Portions of Capital.

Inability to Determine Eurodollar Rate. If In the -------------------------------------- event that the Administrator shall have determined before prior to the first day of any Settlement Fixed 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 Settlement Fixed Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Fixed Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the Administrator) of maintaining any Portion of Capital during such Settlement Fixed Period, the Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before prior to the first day of such Settlement Fixed Period. Upon delivery of such notice: notice (ia) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate Rate, unless and until the Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (iib) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Settlement Fixed Periods relating to such Portions of Capital.

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

Inability to Determine Eurodollar Rate. If In the event that the Administrator shall have determined before prior to the first day of any 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 Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the Administrator) of maintaining any Portion portion of Capital the Loan during such Settlement Period, the Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before prior to the first day of such Settlement Period. Upon delivery of such notice: notice (ia) no Portion portion of Capital the Loan shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate Rate, unless and until the Administrator shall have given notice to the Seller Borrower that the circumstances giving rise to such determination no longer exist, and (iib) with respect to any outstanding Portions portions of Capital the Loan then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-then current Settlement Periods relating to such Portions portions of Capitalthe Loan.

Inability to Determine Eurodollar Rate. If the Administrator shall have determined before the first day of any 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 Settlement Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Settlement Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Issuer (as conclusively determined by the Administrator) of maintaining any Portion of Capital during such Settlement Period, the Administrator shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller before the first day of such Settlement Period. Upon delivery of such notice: (i) no Portion of Capital shall be funded thereafter at the Alternate Rate determined by reference to the Eurodollar Rate unless and until the Administrator shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (ii) with respect to any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Eurodollar Rate, such Alternate Rate shall shall, on the immediately succeeding Settlement Date, automatically be converted to the Alternate Rate determined by reference to the Base Rate at the respective last days of the then-current Settlement Periods relating to such Portions of Capital.