Common use of Inability to Determine Rates; Market Disruption Clause in Contracts

Inability to Determine Rates; Market Disruption. (a) If the U.S. Required Lenders determine that for any reason adequate and reasonable means do not exist for determining the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan, or that the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the U.S. Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain U.S. Dollar Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the U.S. Required Lenders) revokes such notice. Upon receipt of such notice, the U.S. Borrower may revoke any pending request for a U.S. Borrowing of, conversion to or continuation of U.S. Eurodollar Rate Committed Loans or, failing that, will be deemed to have converted such request into a request for a U.S. Committed Borrowing of U.S. Base Rate Loans in the amount specified therein.

Inability to Determine Rates; Market Disruption. (a) If the U.S. Required Majority Lenders determine that for any reason in connection with any request for a Loan or a conversion to or continuation thereof that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) adequate and reasonable means do not exist for determining the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan or in connection with a Base Rate Loan, or that (iii) the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan or in connection with a Eurodollar 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 U.S. Borrower Company and each Lender. Thereafter, the obligation of the Lenders to make or maintain U.S. Dollar Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the U.S. Required Majority Lenders) revokes such notice. Upon receipt of such notice, the U.S. Borrower Company may revoke any pending request for a U.S. Borrowing of, conversion to or continuation of U.S. Eurodollar Rate Committed Loans or, failing that, will be deemed to have converted such request into a request for a U.S. Committed Borrowing of U.S. Base Rate Loans in the amount specified therein.

Inability to Determine Rates; Market Disruption. (a) If the U.S. Required Total Lenders determine that for any reason in connection with any request for a Loan or a conversion to or continuation thereof that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) adequate and reasonable means do not exist for determining the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan, or that (iii) the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan or in connection with any Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the U.S. Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain U.S. Dollar Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the U.S. Required Total Lenders) revokes such notice. Upon receipt of such notice, the U.S. Borrower may revoke any pending request for a U.S. Borrowing of, conversion to or continuation of U.S. Eurodollar Rate Committed Loans or, failing that, will be deemed to have converted such request into a request for a U.S. Committed Borrowing of U.S. Base Rate Loans in the amount specified therein.

Inability to Determine Rates; Market Disruption. (a) If the U.S. Required Lenders determine that for any reason in connection with any request for a Loan or a conversion to or continuation thereof that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) adequate and reasonable means do not exist for determining the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan, or that (iii) the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan or in connection with any Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the U.S. Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain U.S. Dollar Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the U.S. Required Lenders) revokes such notice. Upon receipt of such notice, the U.S. Borrower may revoke any pending request for a U.S. Borrowing of, conversion to or continuation of U.S. Eurodollar Rate Committed Loans or, failing that, will be deemed to have converted such request into a request for a U.S. Committed Borrowing of U.S. Base Rate Loans in the amount specified therein.

Inability to Determine Rates; Market Disruption. (a) If the U.S. Required Lenders determine that for any reason in connection with any request for a Loan or a conversion to or continuation thereof that (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) adequate and reasonable means do not exist for determining the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan, or that (iii) the U.S. Dollar Eurodollar Rate for any requested Interest Period with respect to a proposed U.S. Eurodollar Rate Committed Loan or in connection with any Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the U.S. Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain U.S. Dollar Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the U.S. Required Lenders) revokes such notice. Upon receipt of such notice, the U.S. Borrower may revoke any pending request for a U.S. Borrowing of, conversion to or continuation of U.S. Eurodollar Rate Committed Loans or, failing that, will be deemed to have converted such request into a request for a U.S. Committed Borrowing of U.S. Base Rate Loans in the amount specified therein.