Common use of Inability to Determine LIBOR Base Rate Clause in Contracts

Inability to Determine LIBOR Base Rate. In the event that (i) the Agent shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have requested to be made or to be converted to a LIBOR Loan or (ii) the Agent shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have requested to be made or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Lenders of funding or converting such Loan, the Agent shall give telephonic or written notice of such determination to the Borrower at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the Agent, the Borrower will not request that any Loan be made or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. In the event that (ia) the Agent shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have requested to be made as or to be converted to a LIBOR Loan or (iib) the Agent shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have requested to be made as or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Lenders of funding or converting such Loan, the Agent shall give telephonic or written notice of such determination to the Borrower at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made as or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the Agent, Agent the Borrower will not request that any Loan be made as or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. In the event that (i) the Agent Lender shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made as or to be converted to a LIBOR Loan or (ii) the Agent Lender shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made as or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Lenders Lender of funding or converting such Loan, the Agent Lender shall give telephonic or written notice of such determination to the Borrower at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made as or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the AgentLender, the Borrower will not request that any Loan be made as or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. In the event that (ia) the Agent shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan Loan, the Borrower shall have requested to be made or to be converted to a LIBOR Loan or (iib) the Agent shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have requested to be made or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Lenders of funding or converting such Loan, the Agent shall give telephonic or written notice of such determination to the Borrower at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made or converted to a an Alternate Base Index Rate Loan. Until such notice has been withdrawn by the Agent, the Borrower will not request that any Loan be made or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. (a) In the event that (i) the Agent shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made or to be converted to a LIBOR Loan or (ii) the Agent any Formula Lender shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made or to be converted to a LIBOR Loan does not adequately and fairly reflect the such cost to the Lenders Formula Lender of funding or converting such Loan, the Agent shall give telephonic or written notice of such determination to the Borrower at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the Agent, the Borrower will not request that any Loan be made or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. In the event that (ia) the Agent shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made as or to be converted to a LIBOR Loan or (iib) the Agent shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall have has requested to be made as or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Agent and/or any of the Lenders of funding or converting such Loan, the Agent shall give telephonic notice, followed by prompt written notice, or written notice of such determination to the Borrower at least one (1) day Business Day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made as or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the Agent, the Borrower will not request that any Loan be made as or converted to a LIBOR Loan.

Inability to Determine LIBOR Base Rate. In the event that (i) the Agent Lender shall have determined that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall Borrowers have requested to be made or to be converted to a LIBOR Loan or (ii) the Agent Lender shall determine that the LIBOR Base Rate for any requested Interest Period with respect to a Loan the Borrower shall Borrowers have requested to be made or to be converted to a LIBOR Loan does not adequately and fairly reflect the cost to the Lenders Lender of funding or converting such Loan, the Agent Lender shall give telephonic or written notice of such determination to the Borrower Borrowers at least one (1) day prior to the proposed date for funding or converting such Loan. If such notice is given, any request for a LIBOR Loan shall be made or converted to a Alternate Base Rate Loan. Until such notice has been withdrawn by the AgentLender, the Borrower Borrowers will not request that any Loan be made or converted to a LIBOR Loan.