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 Loan, the Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that (a) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (b) LIBOR does not adequately and fairly reflect the cost to the Lender of making, funding or maintaining its Eurodollar Loans for such Interest Period, the Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower as soon as practicable thereafter. Until the Lender notifies the Borrower that the circumstances giving rise to such notice no longer exist, (x) the obligation of the Lender to make Eurodollar Loans or to continue outstanding Revolving Loans as Eurodollar Loans shall be suspended and (y) all such affected Revolving Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period unless the Borrower elects to prepay such Revolving Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If If, prior to the commencement of any Interest Period for any Eurodollar Loan, the Lender Note: (i) Any Purchaser shall have determined (which determination shall be conclusive and binding upon the BorrowerIssuer) that (a) that, by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or or (bii) the LIBOR Rate does not adequately and fairly reflect the cost to the Lender any Purchaser of making, funding purchasing or maintaining its Eurodollar Loans Notes for such Interest Period, the Lender such Purchaser shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower Issuer and to each other Purchaser as soon as practicable thereafter. Until such Purchaser shall notify the Lender notifies the Borrower Issuer and each other Purchaser that the circumstances giving rise to such notice no longer exist, (xi) the obligation obligations of the Lender to make Eurodollar Loans or such Purchaser to continue or convert outstanding Revolving Loans Notes as or into Eurodollar Loans Notes shall be suspended and (yii) all such affected Revolving Loans Note shall be converted into Base Rate Loans Notes on the last day of the then current Interest Period applicable thereto unless the Borrower elects to prepay Issuer prepays such Revolving Loans Notes in accordance with this Agreement.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Borrowing of a Eurodollar Loan, the Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that (a) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (b) the Lender shall have determined that LIBOR does not adequately and fairly reflect the cost to the Lender of making, funding or maintaining its Eurodollar Loans for such Interest PeriodLoan, the Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower as soon as practicable thereafter. Until the Lender notifies the Borrower that the circumstances giving rise to such notice no longer exist, (x) the obligation obligations of the Lender to make Eurodollar Loans or to continue or convert outstanding Revolving Loans as or into Eurodollar Loans shall be suspended and (y) all such affected the outstanding Revolving Loans shall be deemed to be converted into a Base Rate Loans on Loan as of such date and shall bear interest at the last day of Base Rate plus the then current Interest Period unless the Borrower elects to prepay such Revolving Loans in accordance with this AgreementBase Rate Margin.

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Eurodollar LIBOR Loan, the Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that (a) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (b) LIBOR does not adequately and fairly reflect the cost to the Lender of making, funding or maintaining its Eurodollar LIBOR Loans for such Interest Period, the Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower as soon as practicable thereafter. Until the Lender notifies the Borrower that the circumstances giving rise to such notice no longer exist, (x) the obligation of the Lender to make Eurodollar LIBOR Loans or to continue beyond the then-current Interest Period outstanding Revolving Loans as Eurodollar LIBOR Loans shall be suspended and (y) all such affected Revolving Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period unless the Borrower 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 Loan, the Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that (a) by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest PeriodLIBOR, or (b) LIBOR does not adequately and fairly reflect the cost to the Lender of making, funding or maintaining its Eurodollar Loans for such Interest PeriodLoans, the Lender shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower as soon as practicable thereafter. Until the Lender notifies the Borrower that the circumstances giving rise to such notice no longer exist, (x) the obligation of the Lender to make Eurodollar Loans or to continue outstanding Revolving Loans as Eurodollar Loans shall be suspended and (y) all such affected Revolving Eurodollar Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period unless the Borrower elects to prepay such Revolving Loans in accordance with this Agreement.

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