Common use of Inability to Determine Rate Clause in Contracts

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining LIBOR for the Loan or Interest Period (including with respect to calculation of the Base Rate); or (b) Agent or Required Lenders determine for any reason that LIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan. Thereafter, Lenders’ obligations to make or maintain affected LIBOR Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Loan or, failing that, will be deemed to have requested a Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Loan to a Base Rate Loan.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining LIBOR for the Loan or Interest Period (including with respect to calculation of the Base Rate); or (b) Agent or Required Lenders determine for any reason that LIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan. Thereafter, Lenders’ ' obligations to make or maintain affected LIBOR Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Loan or, failing that, will be deemed to have requested a Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Loan to a Base Rate Loan.

Inability to Determine Rate. The Administrative Agent will promptly notify the Parent Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (ai) the Administrative Agent determines that (iA) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (iiB) adequate and reasonable means do not exist for determining LIBOR for the Loan or Interest Period (including with respect to calculation of the Base Rate); or (bii) the Administrative Agent or Required Lenders determine for any reason that LIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan. Thereafter, Lenders’ obligations to make or maintain affected LIBOR Eurodollar Rate Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until the Administrative Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, the Parent Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Eurodollar Rate Loan or, failing that, will be deemed to have requested a Base Rate Loan, and the Administrative Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Eurodollar Rate Loan to a Base Rate Loan.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining the LIBOR Rate for the Loan or Interest Period (including with respect to calculation of the Base Prime Rate); or (b) Agent or Required Lenders determine for any reason that the LIBOR Rate for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan. Thereafter, Lenders’ ' obligations to make or maintain affected LIBOR Rate Loans and utilization of the LIBOR component (if affected) in determining Base Prime Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Rate Loan or, failing that, will be deemed to have requested a Base Prime Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Rate Loan to a Base Prime Rate Loan.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and If the Required Lenders if, determine that for any reason in connection with any request for a Loan or request with respect a conversion to a Loan, (a) Agent determines or continuation thereof that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or and Interest PeriodPeriod of such Loan, or (ii) adequate and reasonable means do not exist for determining LIBOR for the Loan or any requested Interest Period (including with respect to calculation of the Base Rate); a proposed LIBOR Loan, or (biii) Agent or Required Lenders determine LIBOR for any reason that LIBOR for the requested Interest Period with respect to a proposed LIBOR Loan or in connection with a LIBOR Loan does not adequately and fairly reflect the cost to such Lenders of funding or maintaining such Loan, the LoanAgent will promptly so notify the Borrowers and each Lender. Thereafter, Lenders’ obligations the obligation of the Lenders to make or maintain affected LIBOR Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until the Agent determines (or is instructed by upon the instruction of the Required Lenders) to withdraw the revokes such notice. Upon receipt of such notice, Borrower Agent the Borrowers may revoke any pending request for fundinga Borrowing of, conversion to or continuation of a LIBOR Loan Loans or, failing that, will be deemed to have requested converted such request into a request for a Borrowing of Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Loan to a Base Rate LoanLoans in the amount specified therein.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Revolving Loan or request with respect to a Revolving Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Revolving Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining LIBOR for the Revolving Loan or Interest Period (including with respect to calculation of the Base Rate or the Eurodollar Base Rate); or (b) Agent or Required Lenders determine for any reason that LIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Revolving Loan. Thereafter, Lenders’ obligations to make or maintain affected LIBOR Eurodollar Rate Revolving Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Eurodollar Rate Revolving Loan or, failing that, will be deemed to have requested a Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Eurodollar Rate Revolving Loan to a Base Rate Loan.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining LIBOR or EURIBOR for the Loan or Interest Period (including with respect to calculation of the Base Rate); or (b) Agent or Required Lenders determine for any reason that LIBOR or EURIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan. Thereafter, Lenders’ obligations to make or maintain affected LIBOR Loans or EURIBOR Loans, as the case may be, and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Loan or EURIBOR Loan, or, failing that, will be deemed to have requested a Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Loan or EURIBOR Loan to a Base Rate Loan.

Inability to Determine Rate. Agent will promptly notify Borrower Agent and Lenders if, in connection with any Loan or request with respect to a Loan, (a) Agent determines that (i) Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable Loan amount or Interest Period, or (ii) adequate and reasonable means do not exist for determining LIBOR for the Loan or Interest Period (including with respect to calculation of the Base Rate); or (b) Agent or Required Lenders determine for any reason that LIBOR for the Interest Period does not adequately and fairly reflect the cost to Lenders of funding or maintaining the Loan; provided, that, notwithstanding anything to the contrary in any Loan Document, in each case, the Borrower Agent may revoke any Notice of Borrowing that is pending when such notice is received. Thereafter, Lenders’ obligations to make or maintain affected LIBOR Loans and utilization of the LIBOR component (if affected) in determining Base Rate shall be suspended until Agent determines (or is instructed by Required Lenders) to withdraw the notice. Upon receipt of such notice, Borrower Agent may revoke any pending request for funding, conversion or continuation of a LIBOR Loan or, failing that, will be deemed to have requested a Base Rate Loan, and Agent may (or shall upon request by Required Lenders) immediately convert any affected LIBOR Loan to a Base Rate Loan.