Common use of Interbank Market Presumption Clause in Contracts

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Rate Unascertainable] and 5.5 4.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, or any Loan under the Euro-Rate Option or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 Section 4.4 [Euro-Rate Unascertainable; Illegality, Increased Costs; Deposits Not Available] and 5.5 Section 5.7 [Additional Compensation in Certain CircumstancesIndemnity] shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s 's and the Administrative Agent’s 's determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s 's and the Administrative Agent’s 's option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless of whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.5 4.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the casecase or not.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Rate Unascertainable] and 5.5 4.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.”

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Euro Rate Unascertainable, Etc.] and 5.5 4.6 [Additional Compensation in Certain Circumstances] shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s 's and the Administrative Agent’s 's determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Rate Unascertainable] and 5.5 4.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s 's and the Administrative Agent’s 's option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, 76 and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note other Loan Document with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s and the Administrative Agent’s option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market Relevant Interbank Market regardless of whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 Section 5.8 [Euro-Rate UnascertainableIncreased Costs], Section 5.9 [Taxes] and 5.5 Section 5.10 [Additional Compensation in Certain CircumstancesIndemnity] shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, the EURIBOR Rate, any Loan under the Euro-Rate Option Option, any Loan under the EURIBOR Rate Option, or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market Relevant Interbank Market regardless of whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] Section 4.8 shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option Option, EURIBOR Rate Option, through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate or EURIBOR Rate, as applicable, applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, or any Loan under the Euro-Rate Option or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 Section 3.4 [Euro-Rate Unascertainable; Illegality, Increased Costs; Deposits Not Available] and 5.5 Section 4.8 [Additional Compensation in Certain CircumstancesIndemnity] shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market Relevant Interbank Market regardless of whether it did so or not; and, each Bank’s Lender's and the Administrative Agent’s 's determination of amounts payable under, and actions required or authorized by, Sections 4.5 Section 5.8 [Euro-Rate UnascertainableIncreased Costs], Section 5.9 [Taxes] and 5.5 Section 5.10 [Additional Compensation in Certain CircumstancesIndemnity] shall be calculated, at each Bank’s Lender's and the Administrative Agent’s 's option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each any Revolving Credit Note with respect to any aspects of the Euro-Rate, Rate or any Revolving Credit Loan under the Euro-Rate Option or any Optional CurrencyRate, each Bank Lender and the Administrative Agent shall be presumed to have obtained rates, fundingfundings, currencies, deposits, and the like in the applicable interbank market regardless of whether it did so or not; and, each BankLender’s and the Administrative Agent’s determination of amounts payable under, and actions required or authorized by, Sections 4.5 3.4 [Euro-Rate Unascertainable; Etc.] and 5.5 4.6 [Additional Compensation in Certain Circumstances] shall be calculated, at each BankLender’s and the Administrative Agent’s option, as though each Bank Lender and the Administrative Agent funded its each Borrowing Tranche of Loans Revolving Credit Loan under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with the terms hereof in determining the Euro-Rate applicable to such Revolving Credit Loans, whether in fact that is the case.

Interbank Market Presumption. For all purposes of this Agreement and each Note with respect to any aspects of the Euro-Rate, any Loan under the Euro-Rate Option or any Optional Currency, each Bank and the Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the applicable interbank market regardless whether it did so or not; and, each Bank’s 's and the Administrative Agent’s 's determination of amounts payable under, and actions required or authorized by, Sections 4.5 [Euro-Rate Unascertainable] and 5.5 [Additional Compensation in Certain Circumstances] shall be calculated, at each Bank’s 's and the Administrative Agent’s 's option, as though each Bank and the Administrative Agent funded its each Borrowing Tranche of Loans under the Euro-Rate Option through the purchase of deposits of the types and maturities corresponding to the deposits used as a reference in accordance with 72 the terms hereof in determining the Euro-Rate applicable to such Loans, whether in fact that is the case.