Common use of Inability to Determine Rates Etc Clause in Contracts

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances or perform their other obligations under this Agreement with respect to bankers’ acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s right to request the acceptance of bankers’ acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ ' acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ ' acceptances or perform their other obligations under this Agreement with respect to bankers’ ' acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ ' acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If Notwithstanding Section 9.12(1), if the Required Lenders determine that for any reason a market for bankers’ acceptances B/As does not exist at any time time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances B/As or perform their other obligations under this Agreement with respect to bankers’ acceptancesB/As, the Administrative Agent will promptly so notify the Borrower Borrowers and each Lender. Thereafter, the Borrower’s Borrowers’ right to request the acceptance of bankers’ acceptances B/As shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower Borrowers and each Lender that the any condition causing such the original determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate LIBOR for any requested Interest LIBOR Period with respect to a proposed LIBO Rate LoanLIBOR Advance, or that the LIBO Rate LIBOR for any requested Interest LIBOR Period with respect to a proposed LIBO Rate Loan LIBOR Advance does not adequately and fairly reflect the cost to such those Lenders of funding such Loanthat Advance, the Administrative Agent will promptly so notify the Borrower Borrowers and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans LIBOR Advances shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such the notice. Upon receipt of such that notice, the Borrower Borrowers may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans LIBOR Advances or, failing that, will be deemed to have converted such its request into a request for a borrowing of Base Rate Loans Advances in the amount specified thereinin the request.

Inability to Determine Rates Etc. If the Required Majority Lenders determine that for any reason a market for bankers’ ' acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ ' acceptances or perform their other obligations under this Agreement with respect to bankers’ ' acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ ' acceptances shall be and remain suspended until the Required Majority Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Majority Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate LIBOR for any requested Interest Period with respect to a proposed LIBO Rate LoanLIBOR Advance, or that the LIBO Rate LIBOR for any requested Interest Period with respect to a proposed LIBO Rate Loan LIBOR Advance does not adequately and fairly reflect the cost to such Lenders of funding such LoanAdvance, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans LIBOR Advances shall be suspended until the Administrative Agent (upon the instruction of the Required Majority Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans LIBOR Advances or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders reasonably determine that for any reason a market for bankers’ acceptances Bankers' Acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances Bankers' Acceptances or perform their other obligations under this Agreement with respect to bankers’ acceptancesBankers' Acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ acceptances Bankers' Acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders reasonably determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest LIBOR Period with respect to a proposed LIBO Rate LoanLIBOR Advance, or that the LIBO Rate for any requested Interest LIBOR Period with respect to a proposed LIBO Rate Loan LIBOR Advance does not adequately and fairly reflect the cost to such Lenders of funding such LoanAdvance, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans LIBOR Advances shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans LIBOR Advances or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans Advances in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ ' acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ ' acceptances or perform their other obligations under this Agreement with respect to bankers’ ' acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s Borrower 's right to request the acceptance of bankers’ bankers ' acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO LIBOR Rate Loan, or that the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO LIBOR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO LIBOR Rate Loans shall be suspended until the Administrative Agent (upon the instruction instruct ion of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion con version or continuation of LIBO LIBOR Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified thereint herein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances or perform their other obligations under this Agreement with respect to bankers’ acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s right to request the acceptance of bankers’ acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO LIBOTerm SOFR Reference Rate for any requested Interest Period with respect to a proposed LIBO LIBOTerm SOFR Reference Rate Loan, or that the LIBO LIBOTerm SOFR Reference Rate for any requested Interest Period with respect to a proposed LIBO LIBOTerm SOFR Reference Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO LIBOTerm SOFR Reference Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO LIBOTerm SOFR Reference Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.. Fifth Amended and Restated Credit Agreement

Inability to Determine Rates Etc. □If the Required Lenders determine that for any reason a market for bankers’ acceptances Bankers' Acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances Bankers' Acceptances or perform their other obligations under this Agreement with respect to bankers’ acceptancesBankers' Acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ acceptances Bankers' Acceptances shall be and remain suspended until the Required Lenders determine and the Administrative Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate LIBOR for any requested Interest Period with respect to a proposed LIBO Rate LIBOR Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate LIBOR Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate LIBOR Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate LIBOR Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If Notwithstanding Section 9.12(1), if the Required Lenders determine that for any reason a market for bankers’ acceptances B/As does not exist at any time time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances B/As or perform their other obligations under this Agreement with respect to bankers’ acceptancesB/As, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ acceptances B/As shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the any condition causing such the original determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate LIBOR for any requested Interest LIBOR Period with respect to a proposed LIBO Rate LoanLIBOR Advance, or that the LIBO Rate LIBOR for any requested Interest LIBOR Period with respect to a proposed LIBO Rate Loan LIBOR Advance does not adequately and fairly reflect the cost to such those Lenders of funding such Loanthat Advance, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans LIBOR Advances shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such the notice. Upon receipt of such that notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans LIBOR Advances or, failing that, will be deemed to have converted such its request into a request for a borrowing of Base Rate Loans Advances in the amount specified thereinin the request.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankersBankers’ acceptances Acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankersBankers’ acceptances Acceptances or perform their other obligations under this Agreement with respect to bankersBankers’ acceptancesAcceptances, the Administrative Agent will promptly so notify the Canadian Borrower and each Lender. Thereafter, the Canadian Borrower’s right to request the acceptance of bankersBankers’ acceptances Acceptances shall be and remain suspended until the Required Lenders determine and the Administrative Agent notifies the Canadian Borrower and each Lender that the condition causing such determination no longer exists. Upon receipt of such notice, the Canadian Borrower may revoke any pending request for a borrowing, conversion or continuation of Bankers' Acceptances or, failing that, will be deemed to have converted such request into a request for a borrowing of Canadian Rate Loans in the amount specified therein. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Canadian Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower Borrowers may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of US Base Rate Loans Loans, in the case of the Canadian Borrower, or US Prime Rate Loans, in the case of the US Borrower, in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ ' acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ ' acceptances or perform their other obligations under this Agreement with respect to bankers’ ' acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ ' acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO LIBOR Rate Loan, or that the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO LIBOR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO LIBOR Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO LIBOR Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankers’ ' acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ ' acceptances or perform their other obligations under this Agreement with respect to bankers’ ' acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s 's right to request the acceptance of bankers’ ' acceptances shall be and remain suspended until the Required Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO LIBOR Rate Loan, or that the LIBO LIBOR Rate for any requested Interest Period with respect to a proposed LIBO UBOR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO LIBOR Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) } revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO LIBOR Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If the Required Majority Lenders determine that for any reason a market for bankers’ acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances or perform their other obligations under this Agreement with respect to bankers’ acceptances, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the Borrower’s right to request the acceptance of bankers’ acceptances shall be and remain suspended until the Required Majority Lenders determine and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Majority Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Majority Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of US Base Rate Loans in the amount specified therein.

Inability to Determine Rates Etc. If the Required Lenders determine that for any reason a market for bankersBankers’ acceptances Acceptances does not exist at any time or the Lenders cannot for other reasons, after reasonable efforts, readily sell bankersBankers’ acceptances Acceptances or perform their other obligations under this Agreement with respect to bankersBankers’ acceptancesAcceptances, the Administrative Agent will promptly so notify the Canadian Borrower and each Lender. Thereafter, the Canadian Borrower’s right to request the acceptance of bankersBankers’ acceptances Acceptances shall be and remain suspended until the Required Lenders determine and the Administrative Agent notifies the Canadian Borrower and each Lender that the condition causing such determination no longer exists. Upon receipt of such notice, the Canadian Borrower may revoke any pending request for a borrowing, conversion or continuation of Bankers' Acceptances or, failing that, will be deemed to have converted such request into a request for a borrowing of Canadian Rate Loans in the amount specified therein. If the Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan, or that the LIBO Rate for any requested Interest Period with respect to a proposed LIBO Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Canadian Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain LIBO Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower Borrowers may revoke any pending request for a borrowing, conversion or continuation of LIBO Rate Loans or, failing that, will be deemed to have converted such request into a request for a borrowing of US Base Rate Loans Loans, in the case of the Canadian Borrower, or US Prime Rate Loans, in the case of the US Borrower, in the amount specified therein.. ​ 163

Inability to Determine Rates Etc. If the Required Lenders determine Lender determines that for any reason a market for bankers’ acceptances does not exist at any time or the Lenders Lender cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances or perform their its other obligations under this Agreement with respect to bankersBankers’ acceptancesAcceptances, the Administrative Agent Lender will promptly so notify the Borrower and each LenderBorrower. Thereafter, the Borrower’s right to request the acceptance of bankers’ acceptances shall Drafts and CDOR Loans will be and remain suspended until the Required Lenders determine Lender determines and the Agent notifies the Borrower and each Lender that the condition causing such determination no longer exists. If the Required Lenders determine Lender determines that for any reason adequate and reasonable means do not exist for determining the LIBO CDOR Rate for any requested Interest Period with respect to a proposed LIBO Rate Bankers’ Acceptance or CDOR Loan, or that the LIBO CDOR Rate for any requested Interest Period with respect to a proposed LIBO Rate Bankers’ Acceptance or CDOR Loan does not adequately and fairly reflect the cost to such Lenders the Lender of funding such Loan, the Administrative Agent Lender will promptly so notify the Borrower and each LenderBorrower. Thereafter, the obligation of the Lenders Lender to accept Bankers’ Acceptances or make or maintain LIBO Rate CDOR Loans shall will be suspended until the Administrative Agent (upon the instruction of the Required Lenders) Lender revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for Drawdown Notice as it relates to a borrowingDrawdown or Rollover of, conversion or continuation of LIBO Rate Loans Conversion to, a Bankers’ Acceptance or a CDOR Loan or, failing that, will be deemed to have converted substituted in such request into Drawdown Notice a request Drawdown of or Conversion to Prime Rate Loans in the amount specified therein. If the Lender determines that for any reason adequate and reasonable means do not exist for determining LIBOR for any requested Interest Period with respect to a borrowing proposed LIBOR Loan, or that LIBOR for any requested Interest Period with respect to a proposed LIBOR Loan does not adequately and fairly reflect the cost to the Lender of funding such Loan, the Lender will promptly so notify the Borrower. Thereafter, the obligation of the Lender to make or maintain LIBOR Loans will be suspended until the Lender revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending Drawdown Notice as it relates to a Drawdown or Rollover of, or Conversion to, a LIBOR Loan or, failing that, will be deemed to have substituted in such Drawdown Notice a Drawdown of or Conversion to Base Rate Loans in the amount specified therein.