Common use of Inability to Determine LIBOR Rate Clause in Contracts

Inability to Determine LIBOR Rate. If Lender determines in connection with any request for a Loan or continuation thereof for any reason that adequate and reasonable means do not exist for determining the LIBOR Rate, Lender will promptly so notify Borrowers if Lender reasonably determines that such event or events have any impact on the application of the Interest Rate. In such event, Lender shall use, as the LIBOR Rate, the average LIBOR Rate for the two immediately preceding months (for one-month teiins) until Lender notifies Borrowers that the circumstances giving rise to such determination no longer exist.

Appears in 1 contract

Samples: Advancing Term Credit Agreement (Westside Energy Corp)

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Inability to Determine LIBOR Rate. If Lender determines in connection with any request for a Loan or continuation thereof for any reason that adequate and reasonable means do not exist for determining the LIBOR Rate, Lender will promptly so notify Borrowers Borrower if Lender reasonably determines that such event or events have any impact on the application of the Interest Rate. In such event, Lender shall use, as the LIBOR Rate, the average LIBOR Rate for the two immediately preceding months (for one-month teiinsterms) until Lender notifies Borrowers Borrower that the circumstances giving rise to such determination no longer exist.

Appears in 1 contract

Samples: Term Credit Agreement (BPI Energy Holdings, Inc.)

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