Common use of Inability to Determine Interest Rates Clause in Contracts

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Eurodollar Borrowing, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (ii) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) of making, funding or maintaining their Eurodollar Loans for such Interest Period, the Administrative Agent shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) the obligations of the Lenders to make Eurodollar Loans or to continue or convert outstanding Loans as or into Eurodollar Loans shall be suspended and (ii) all such affected Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays such Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Eurodollar BorrowingLoan, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (ii) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) of making, funding or maintaining their Eurodollar Loans for such Interest Period, the Administrative Agent shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) the obligations of the Lenders to make Eurodollar Loans or to continue or convert outstanding Loans as or into Eurodollar Loans shall be suspended and (ii) all such affected Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays such Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Borrowing of Eurodollar BorrowingLoans, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, that (a) by reason of circumstances affecting the relevant interbank market, adequate ad­equate means do not exist for ascertaining LIBOR for such Interest Period, or (iib) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate LIBOR does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) of making, funding or maintaining their its Eurodollar Loans for such Interest Period, the Administrative Agent shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify notifies the Borrower and the Lenders that the circumstances giving giv­ing rise to such notice no longer exist, (ix) the obligations of the Lenders to make Eurodollar Loans or to continue or convert outstanding Revolving Loans as or into Eurodollar Loans shall be suspended and (iiy) all such affected Revolving Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays elects to prepay such Revolving Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Eurodollar BorrowingEurocurrency Loan, (i) the Administrative Agent Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that, that (i) by reason of circumstances affecting the relevant interbank market, adequate ad­equate means do not exist for ascertaining LIBOR for the currency of such Eurocurrency Loan or for such Interest Period, or (ii) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate for the currency of such Eurocurrency Loan does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) Lender of making, funding or maintaining their Eurodollar Loans such Eurocurrency Loan in such currency for such Interest Period, the Administrative Agent Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify Lender notifies the Borrower and the Lenders that the circumstances giving giv­ing rise to such notice no longer exist, (i) the obligations obligation of the Lenders Lender to make Eurodollar Eurocurrency Loans in the affected currency or to continue or convert any outstanding Eurocurrency Loans as or into Eurodollar Loans in the affected currency shall be suspended and (ii) all such Eurocurrency Loans in the affected Loans currency shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays such Eurocurrency Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the ------------------------------------- commencement of any Interest Period for any Eurodollar BorrowingLoan, (i) the Administrative Agent Lender shall have reasonably determined (which determination shall be conclusive and binding upon the Borrower) that, that (i) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (ii) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) Lender of making, funding or maintaining their such Eurodollar Loans Loan for such Interest Period, the Administrative Agent Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify Lender notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist (which the Lender agrees to do promptly upon such circumstances ceasing to exist), (i) the obligations obligation of the Lenders Lender to make Eurodollar Loans or to continue or convert outstanding Revolving Loans as or into Eurodollar Loans shall be suspended and (ii) all such affected Revolving Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays such Revolving Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Borrowing of Eurodollar BorrowingLoans, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, that (a) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (iib) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate LIBOR does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) of making, funding or maintaining their its Eurodollar Loans for such Interest Period, the Administrative Agent shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. Until the Administrative Agent shall notify notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (ix) the obligations of the Lenders to make Eurodollar Loans or to continue or convert outstanding Revolving Loans as or into Eurodollar Loans shall be suspended and (iiy) all such affected Revolving Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays elects to prepay such Revolving Loans in accordance with this Agreement.