Common use of Inadequate LIBO Rate Clause in Contracts

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Administrative Agent that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Administrative Agent shall forthwith so notify Mondelēz and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Administrative Agent shall notify Mondelēz and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz as soon as practicable but in any event not later than 10 Business Days after the last day of such Interest Period.

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the JPMorgan Chase, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the JPMorgan Chase, as Administrative Agent Agent, shall forthwith so notify Mondelēz Altria and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the JPMorgan Chase, as Administrative Agent Agent, shall notify Mondelēz Altria and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the JPMorgan Chase, as Administrative Agent Agent, and Mondelēz Altria as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the JPMCB, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the JPMCB, as Administrative Agent Agent, shall forthwith so notify Mondelēz Altria and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the JPMCB, as Administrative Agent Agent, shall notify Mondelēz Altria and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the JPMCB, as Administrative Agent Agent, and Mondelēz Altria as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Administrative Agent that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Administrative Agent shall forthwith so notify Mondelēz Kraft Foods Group and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Administrative Agent shall notify Mondelēz Kraft Foods Group and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz Kraft Foods Group as soon as practicable but in any event not later than 10 Business Days after the last day of such Interest Period.

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the JPMorgan Chase, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the JPMorgan Chase, as Administrative Agent Agent, shall forthwith so notify Mondelēz Kraft and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the JPMorgan Chase, as Administrative Agent Agent, shall notify Mondelēz Kraft and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the JPMorgan Chase, as Administrative Agent Agent, and Mondelēz Kraft as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Administrative Agent that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Administrative Agent shall forthwith so notify Mondelēz Kraft Foods Global and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances Kraft Foods Global will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Administrative Agent shall notify Mondelēz Kraft Foods Global and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz Kraft Foods Global as soon as practicable but in any event not later than 10 Business Days after the last day of such Interest Period.

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Administrative Agent that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Administrative Agent shall forthwith so notify Mondelēz Kraft Foods and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Administrative Agent shall notify Mondelēz Kraft Foods and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz Kraft Foods as soon as practicable but in any event not later than 10 Business Days after the last day of such Interest Period.

Inadequate LIBO Rate. If, with respect to any LIBO Rate AdvancesLoans, the Required Lenders notify the Administrative Agent that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances Loans as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances Loans will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances Loans for such Interest Period, the Administrative Agent shall forthwith so notify Mondelēz the Borrower and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances Loans will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances Loans or (y) Convert such Advances Loans into Base Rate Advances Loans and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances Loans into, LIBO Rate Advances Loans shall be suspended until the Administrative Agent shall notify Mondelēz and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz Borrower as soon as practicable but in any event not later than 10 Business Days after the last day of such Interest Period.

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the JPMCB, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the JPMCB, as Administrative Agent Agent, shall forthwith so notify Mondelēz Altria and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances Altria will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the JPMCB, as Administrative Agent Agent, shall notify Mondelēz Altria and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the JPMCB, as Administrative Agent Agent, and Mondelēz Altria as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Xxxxxxx Xxxxx, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Xxxxxxx Sachs, as Administrative Agent Agent, shall forthwith so notify Mondelēz Altria and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances Altria will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Xxxxxxx Xxxxx, as Administrative Agent Agent, shall notify Mondelēz Altria and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Xxxxxxx Sachs, as Administrative Agent Agent, and Mondelēz Altria as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).

Inadequate LIBO Rate. If, with respect to any LIBO Rate Advances, the Required Lenders notify the Chase, as Administrative Agent Agent, that (i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. A.M. (London time) on the second Business Day before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Chase, as Administrative Agent Agent, shall forthwith so notify Mondelēz Kraft and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Chase, as Administrative Agent Agent, shall notify Mondelēz Kraft and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such Lender shall certify its cost of funds for each Interest Period to the Chase, as Administrative Agent Agent, and Mondelēz Kraft as soon as practicable (but in any event not later than 10 Business Days after the last day of such Interest Period).