Common use of Inability to Determine Rate Clause in Contracts

Inability to Determine Rate. In the event that the Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the Company) that by reason of circumstances affecting the interbank market adequate and reasonable means do not exist for ascertaining the LIBO Rate for any Interest Period, the Administrative Agent shall forthwith give telephonic notice of such determination to each affected Lender and to the Company. If such notice is given: (1) no Revolving Loan may be funded as a LIBO Rate Loan, (2) any Revolving Loan that was to have been converted to a LIBO Rate Loan shall, subject to the provisions hereof, be continued as the type of Revolving Loan it is currently, and (3) any Revolving Loan outstanding as a LIBO Rate Loan shall be converted, on the last day of the Interest Period applicable thereto, to a Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company shall not have the right to convert any Revolving Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate Loan or to continue a LIBO Rate Loan as such. The Administrative Agent shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the Company, and, following withdrawal of such notice by the Administrative Agent, the Company shall have the right to have any Revolving Loan funded as a LIBO Rate Loan or to convert any Revolving Loan to a LIBO Rate Loan and to continue any LIBO Rate Loan as such in accordance with the terms and conditions of this Credit Agreement.

Inability to Determine Rate. In If the event that the Administrative Agent shall have reasonably determined Lender determines (which determination shall be conclusive and binding upon the Company, provided such determination is made on a reasonable basis) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the LIBO LIBOR Rate for any Interest Period, then the Administrative Agent Lender shall forthwith give telephonic facsimile notice of such determination to each affected Lender and determination, confirmed in writing, to the Company. If such notice is given: (1) no Revolving and the Loan may be funded as a LIBO Rate Loan, (2) any Revolving Loan that was to have been converted to a LIBO Rate LIBOR Loan shall, then, subject to the provisions hereof, the Loan shall be continued as a Prime Rate Loan; or (2) and the type of Revolving Loan it is currentlya LIBOR Loan, and (3) any Revolving Loan outstanding as a LIBO Rate then the Loan shall be converted, converted on the last day of the then current Interest Period applicable thereto, to a Base Prime Rate Loan. Until such notice has been withdrawn by the Administrative AgentLender, the Company shall not have the right to convert any Revolving a Prime Rate Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate LIBOR Loan or to continue a LIBO Rate LIBOR Loan as such. The Administrative Agent Lender shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain obtain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the CompanyLIBOR Rate, and, and following withdrawal of such notice by the Administrative AgentLender, the Company shall have the right to have any Revolving convert the Loan funded as from a LIBO Prime Rate Loan to a LIBOR Loan or to convert any Revolving Loan to a LIBO Rate Loan and to continue any LIBO Rate the Loan as such a LIBOR Loan in accordance with the terms and conditions of this Credit Agreement.

Inability to Determine Rate. In the event that the --------------------------- Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the Company) that by reason of circumstances affecting the interbank market adequate and reasonable means do not exist for ascertaining the LIBO Rate for any Interest Period, the Administrative Agent shall forthwith give telephonic notice of such determination to each affected Lender and to the Company. If such notice is given: (1) no Revolving Loan may be funded as a LIBO Rate Loan, (2) any Revolving Loan or portion of Term Loan A Term Loan B Advance that was to have been converted to a LIBO Rate Loan shall, subject to the provisions hereof, be continued as the type of Revolving Loan it is currently, and (3) any Revolving Loan outstanding as a LIBO Rate Loan shall be converted, on the last day of the Interest Period applicable thereto, to a Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company shall not have the right to convert any Revolving Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate Loan or to continue a LIBO Rate Loan as such. The Administrative Agent shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the Company, and, following withdrawal of such notice by the Administrative Agent, the Company shall have the right to have any Revolving Loan funded as a LIBO Rate Loan or to convert any Revolving Loan to a LIBO Rate Loan and to continue any LIBO Rate Loan as such in accordance with the terms and conditions of this Credit Agreement.

Inability to Determine Rate. In the event that the Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the CompanyBorrowers) that by reason of circumstances affecting the interbank market adequate and reasonable means do not exist for ascertaining the LIBO Rate for any Interest Period, the Administrative Agent shall forthwith give telephonic notice of such determination to each affected Lender and to the CompanyBorrowers. If such notice is given: (1) no Revolving portion of the Term Loan may be funded as a LIBO Rate Loan, (2) any Revolving Base Rate Loan that was to have been converted to a LIBO Rate Loan shall, subject to the provisions hereof, be continued as the type of Revolving Loan it is currentlya Base Rate Loan, and (3) any Revolving Loan outstanding as a LIBO Rate Loan shall be converted, on the last day of the Interest Period applicable thereto, to a Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company Borrowers shall not have the right to convert any Revolving Base Rate Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate Loan or to continue a LIBO Rate Loan as such. The Administrative Agent shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the CompanyBorrowers, and, following withdrawal of such notice by the Administrative Agent, the Company Borrowers shall have the right to have any Revolving Loan funded as a LIBO Rate Loan or to convert any Revolving Base Rate Loan to a LIBO Rate Loan and to continue any LIBO Rate Loan as such in accordance with the terms and conditions of this Credit Agreement.

Inability to Determine Rate. In the event that the Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the CompanyBorrower) that by reason of circumstances affecting the interbank market adequate and reasonable means do not exist for ascertaining the LIBO Rate for any Interest Period, the Administrative Agent shall forthwith give telephonic notice of such determination to each affected Lender and to the CompanyBorrower. If such notice is given: (1) no Revolving Loan portion of the Loans may be funded as a LIBO Rate Loan, (2) any Revolving Base Rate Loan that was to have been converted to a LIBO Rate Loan shall, subject to the provisions hereof, be continued as the type of Revolving Loan it is currentlya Base Rate Loan, and (3) any Revolving Loan outstanding as a LIBO Rate Loan shall be converted, on the last day of the Interest Period applicable thereto, to a Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company Borrower shall not have the right to convert any Revolving Base Rate Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate Loan or to continue a LIBO Rate Loan as such. The Administrative Agent shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the CompanyBorrower, and, following withdrawal of such notice by the Administrative Agent, the Company Borrower shall have the right to have any Revolving Loan funded as a LIBO Rate Loan or to convert any Revolving Base Rate Loan to a LIBO Rate Loan and to continue any LIBO Rate Loan as such in accordance with the terms and conditions of this Credit Agreement.

Inability to Determine Rate. In the event that the Administrative Agent shall have reasonably determined (which determination shall be conclusive and binding upon the CompanyBorrowers) that by reason of circumstances affecting the interbank market adequate and reasonable means do not exist for ascertaining the LIBO Rate for any Interest Period, the Administrative Agent shall forthwith give telephonic notice of such determination to each affected Lender and to the CompanyBorrowers. If such notice is given: (1) no Revolving portion of the Interim Loan may be funded as a LIBO Rate Loan, (2) any Revolving Base Rate Loan that was to have been converted to a LIBO Rate Loan shall, subject to the provisions hereof, be continued as the type of Revolving Loan it is currentlya Base Rate Loan, and (3) any Revolving Loan outstanding as a LIBO Rate Loan shall be converted, on the last day of the Interest Period applicable thereto, to a Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company Borrowers shall not have the right to convert any Revolving Base Rate Loan to a LIBO Rate Loan or to fund any Revolving Loan as a LIBO Rate Loan or to continue a LIBO Rate Loan as such. The Administrative Agent shall withdraw such notice in the event that the circumstances giving rise thereto no longer pertain and that adequate and reasonable means exist for ascertaining the LIBO Rate for the Interest Period requested by the CompanyBorrowers, and, following withdrawal of such notice by the Administrative Agent, the Company Borrowers shall have the right to have any Revolving Loan funded as a LIBO Rate Loan or to convert any Revolving Base Rate Loan to a LIBO Rate Loan and to continue any LIBO Rate Loan as such in accordance with the terms and conditions of this Credit Agreement.