Common use of Inability to Determine Rate Clause in Contracts

Inability to Determine Rate. If the Lender determines (which determination shall be conclusive and binding upon the Companies) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the LIBOR Rate for any Interest Period, the Lender shall forthwith give facsimile notice of such determination, confirmed in writing, to the Companies. If such notice is given: (1) no Loan may be funded as a Eurodollar Loan, (2) any Loan that was to have been converted to a Eurodollar Loan shall, subject to the provisions hereof, be continued as a Fed Funds Loan and (3) any outstanding Eurodollar Loan shall be converted on the last day of the then current Interest Period with respect thereto to a Fed Funds Loan. Until such notice has been withdrawn by the Lender, the Companies shall not have the right to convert a Loan to a Eurodollar Loan or fund any Loan as a Eurodollar Loan or to continue a Eurodollar Loan as such. The Lender shall withdraw such notice in the event that the circumstances giving rise thereto no longer obtain and that adequate and reasonable means exist for ascertaining the LIBOR Rate for the Interest Period requested by the Companies, and following withdrawal of such notice by the Lender, the Companies shall have the right to fund any Loan as a Eurodollar Loan or convert a Loan to a Eurodollar Loan or to continue a Eurodollar Loan in accordance with the terms and conditions of this Agreement.

Inability to Determine Rate. If the Lender determines (which determination shall be conclusive and binding upon the CompaniesCompany, 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 LIBOR Rate for any Interest Period, then the Lender shall forthwith give facsimile notice of such determination, confirmed in writing, to the CompaniesCompany. If such notice is given: (1) no and the Loan may be funded as a Eurodollar Loan, (2) any Loan that was to have been converted to a Eurodollar LIBOR Loan shall, then, subject to the provisions hereof, the Loan shall be continued as a Fed Funds Prime Rate Loan; or (2) and the Loan and (3) any outstanding Eurodollar is a LIBOR Loan, then the Loan shall be converted on the last day of the then current Interest Period with respect thereto to a Fed Funds Prime Rate Loan. Until such notice has been withdrawn by the Lender, the Companies Company shall not have the right to convert a Prime Rate Loan to a Eurodollar Loan or fund any Loan as a Eurodollar LIBOR Loan or to continue a Eurodollar LIBOR Loan as such. The Lender shall withdraw such notice in the event that the circumstances giving rise thereto no longer obtain and that adequate and reasonable means exist for ascertaining the LIBOR Rate for the Interest Period requested by the CompaniesRate, and following withdrawal of such notice by the Lender, the Companies Company shall have the right to fund any convert the Loan as from a Eurodollar Loan or convert a Prime Rate Loan to a Eurodollar LIBOR Loan or to continue the Loan as a Eurodollar LIBOR Loan in accordance with the terms and conditions of this Agreement.

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

Inability to Determine Rate. If the Lender determines --------------------------- (which determination shall be conclusive and binding upon the CompaniesCompany) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the LIBOR Rate for any Interest Period, the Lender shall forthwith give facsimile notice of such determination, confirmed in writing, to the CompaniesCompany. If such notice is given: (1) no Loan may be funded as a Eurodollar Loan, (2) any Loan that was to have been converted to a Eurodollar Loan shall, subject to the provisions hereof, be continued as a Fed Funds Loan and (3) any outstanding Eurodollar Loan shall be converted on the last day of the then current Interest Period with respect thereto to a Fed Funds Loan. Until such notice has been withdrawn by the Lender, the Companies Company shall not have the right to convert a Loan to a Eurodollar Loan or fund any Loan as a Eurodollar Loan or to continue a Eurodollar Loan as such. The Lender shall withdraw such notice in the event that the circumstances giving rise thereto no longer obtain and that adequate and reasonable means exist for ascertaining the LIBOR Rate for the Interest Period requested by the CompaniesCompany, and following withdrawal of such notice by the Lender, the Companies Company shall have the right to fund any Loan as a Eurodollar Loan or convert a Loan to a Eurodollar Loan or to continue a Eurodollar Loan in accordance with the terms and conditions of this Agreement.

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