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, each Term Loan or any Optional Currency, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the Relevant Interbank Market regardless of whether it did so or not; and, each Lender's and Administrative Agent's determination of amounts payable under, and actions required or authorized by, Section 4.8 shall be calculated, at each Lender's and Administrative Agent's option, as though each Lender and Administrative Agent funded each Borrowing Tranche of Loans under the Euro-Rate Option and/or Term Loans 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.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

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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, each Term Loan Option or any Optional Currency, each Lender Bank and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the Relevant Interbank Market applicable interbank market regardless of whether it did so or not; and, and each LenderBank's and Administrative Agent's determination of amounts payable under, and actions required or authorized by, Section 4.8 Sections 3.4 and 4.5 or otherwise under this Agreement shall be calculated, at each LenderBank's and Administrative Agent's option, as though each Lender Bank and Administrative Agent funded each Borrowing Tranche of Loans under the Euro-Rate Option and/or Term Loans 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.

Appears in 1 contract

Samples: Credit Agreement (Bearingpoint Inc)

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, each Term Loan Option or any Optional Currency, each Lender and the Administrative Agent shall be presumed to have obtained rates, funding, funding currencies, deposits, and the like in the Relevant Interbank Market applicable interbank market regardless of whether it did so or not; and, each Lender's and the Administrative Agent's determination of amounts payable under, and actions required or authorized by, Section 4.8 4.03 and 5.06 shall be calculated, at each Lender's and the Administrative Agent's option, as though each Lender and the Administrative Agent funded each Borrowing Tranche of all Loans under the Euro-Rate Option and/or Term Loans 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.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

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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, each Term Loan Option or any Optional Currency, each Lender and the Administrative Agent shall be presumed to have obtained rates, funding, funding currencies, deposits, and the like in the Relevant Interbank Market applicable interbank market regardless of whether it did so or not; and, each Lender's and the Administrative Agent's determination of amounts payable under, and actions required or authorized by, Section 4.8 3.03 and 4.06 shall be calculated, at each Lender's and the Administrative Agent's option, as though each Lender and the Administrative Agent funded each Borrowing Tranche of all Loans under the Euro-Rate Option and/or Term Loans 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.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

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