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 Eurocurrency Loan, the Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that (i) by reason of circumstances affecting the relevant interbank market, ad­equate means do not exist for ascertaining LIBOR for the currency of such Eurocurrency Loan or for such Interest Period, or (ii) the Adjusted LIBO Rate for the currency of such Eurocurrency Loan does not adequately and fairly reflect the cost to the Lender of making, funding or maintaining such Eurocurrency Loan in such currency 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, (i) the obligation of the Lender to make Eurocurrency Loans in the affected currency or to continue any outstanding Eurocurrency Loans in the affected currency shall be suspended and (ii) all Eurocurrency Loans in the affected 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 Eurocurrency Eurodollar Loan, , (i) the Lender Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that (i) that, 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 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 Lender case may be) of making, funding or maintaining such Eurocurrency Loan in such currency their (or its, as the case may be) 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 giving rise to such notice no longer exist, (iA) the obligation obligations of the Lender Lenders to make Eurocurrency Eurodollar Loans in the affected currency or to continue any outstanding Eurocurrency Loans in the affected currency shall be suspended (and all Loans made by the Lenders shall be Base Rate Loans) and (iiB) all Eurocurrency Loans in shall bear interest at a per annum rate equal to the affected currency shall be converted into lesser of (1) the Base Rate Loans on plus the last day of Applicable Margin or (2) the then current Interest Period applicable thereto unless the Borrower prepays such Eurocurrency Loans Maximum Rate (as defined in accordance with this AgreementSection 10.12).

Inability to Determine Interest Rates. If prior to the commencement of any Interest Period for any Eurocurrency LoanBorrowing of Eurodollar Loans, the Lender Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that (ia) by reason of circumstances affecting the relevant interbank market, ad­equate means do not exist for ascertaining LIBOR for the currency of such Eurocurrency Loan or for such Interest Period, or (iib) the Adjusted LIBO Rate for Administrative Agent shall have received notice from the currency of such Eurocurrency Loan Required Lenders that LIBOR does not adequately and fairly reflect the cost to the Lender such Lenders of making, funding or maintaining such Eurocurrency Loan in such currency 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, (ix) the obligation obligations of the Lender Lenders to make Eurocurrency Eurodollar Loans in the affected currency or to continue any or convert outstanding Eurocurrency Revolving Loans in the affected currency as or into Eurodollar Loans shall be suspended and (iiy) all Eurocurrency such affected Revolving Loans in the affected currency 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 Eurocurrency Revolving Loans in accordance with this Agreement.

Inability to Determine Interest Rates. If If, prior to the commencement of any Interest Period for any Eurocurrency Loan, Eurodollar Borrowing: (i) the Lender Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that (i) that, 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 Adjusted LIBO Rate for such Interest Period, or or (ii) the Administrative Agent shall have received notice from the Majority Lenders that the Adjusted LIBO Rate for the currency of such Eurocurrency Loan does not adequately and fairly reflect the cost to the Lender such Lenders of making, funding or maintaining such Eurocurrency Loan in such currency 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 giving rise to such notice no longer exist, (i) the obligation obligations of the Lender Lenders to make Eurocurrency Eurodollar Loans in the affected currency or to continue any or convert outstanding Eurocurrency Loans in the affected currency as or into Eurodollar Loans shall be suspended and (ii) all Eurocurrency such affected Loans in the affected 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 Eurocurrency Loan, Eurodollar Borrowing, (a) the Lender Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the Borrower) that (i) that, 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 or (iib) 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 the Lender such Lenders of making, funding or maintaining such Eurocurrency Loan in such currency 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 giving rise to such notice no longer exist, (i) the obligation obligations of the Lender to make Eurocurrency Loans in the affected currency or Lenders to continue any or convert outstanding Eurocurrency Loans in the affected currency as or into Eurodollar Loans shall be suspended and (ii) all Eurocurrency such affected Loans in the affected 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 Eurocurrency Eurodollar Loan, , (i) the Lender Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that (i) that, 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 or (ii) the 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 Lender case may be) of making, funding or maintaining such Eurocurrency Loan in such currency their (or its, as the case may be) Loans for such Interest Period, the Lender 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 Agent shall notify the Borrower and the Lenders that the circumstances giv­ing giving rise to such notice no longer exist, (i) the obligation obligations of the Lender to make Eurocurrency Loans in the affected currency or Lenders to continue any outstanding Eurocurrency Loans in the affected currency as or into Loans shall be suspended and (ii) all Eurocurrency such affected Loans in the affected currency shall be converted into a Loan accruing interest at a rate per annum equal to the Base Rate Loans plus the Applicable Margin on the last day of the then current Interest Period applicable thereto unless thereto. Upon any such conversion, the Borrower prepays such Eurocurrency Loans in accordance with this Agreementshall also pay accrued interest on the amount so converted.