Common use of Interbank Market Presumption Clause in Contracts

Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Rate or any Loan under the LIBOR Rate Option, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless 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, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 [Increased Costs] shall be calculated, at each Lender's and Administrative Agent's option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR 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 LIBOR Rate applicable to such Loans, whether in fact that is the case.

Appears in 3 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

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Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Rate or any portion of the Term Loan under the LIBOR Rate Option, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless whether it did so or not; and, each Lender's ’s and the Administrative Agent's ’s determination of amounts payable under, and actions required or authorized by, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 5.6 [Increased CostsAdditional Compensation in Certain Circumstances] shall be calculated, at each Lender's ’s and Administrative Agent's ’s option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans a portion of the Term Loan under the LIBOR 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 LIBOR Rate applicable to such Loansportion of the Term Loan, whether in fact that is the case.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Assignment and Assumption Agreement (New Jersey Resources Corp)

Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Rate or any Loan under the LIBOR Rate Option, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless whether it did so or not; and, each Lender's ’s and the Administrative Agent's ’s determination of amounts payable under, and actions required or authorized by, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 5.6 [Increased CostsAdditional Compensation in Certain Circumstances] shall be calculated, at each Lender's ’s and Administrative Agent's ’s option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR 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 LIBOR Rate applicable to such Loans, whether in fact that is the case.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Euro-Rate or any Loan under the LIBOR Euro-Rate Option, each Lender and Administrative the Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless 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, Sections 4.4 [LIBOR Euro-Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 5.6 [Increased CostsAdditional Compensation in Certain Circumstances] shall be calculated, at each Lender's and Administrative Agent's option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR 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 LIBOR Euro-Rate applicable to such Loans, whether in fact that is the case.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Rate or any Loan under the LIBOR Rate Option, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless whether it did so or not; and, each Lender's ’s and the Administrative Agent's ’s determination of amounts payable under, and actions required or authorized by, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 [Increased Costs] shall be calculated, at each Lender's ’s and Administrative Agent's ’s option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR 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 LIBOR Rate applicable to such Loans, whether in fact that is the case.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

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Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note the other Loan Documents with respect to any aspects of the LIBOR Rate or any Loan under the LIBOR Rate OptionTranche, each Lender and Administrative Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless whether it did so or not; and, each Lender's ’s and the Administrative Agent's ’s determination of amounts payable under, and actions required or authorized by, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 [Increased Costs] shall be calculated, at each Lender's ’s and Administrative Agent's ’s option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR Rate Option Tranches 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 LIBOR Rate applicable to such Loans, whether in fact that is the case.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Interbank Market Presumption. Except as otherwise expressly provided herein, for all purposes of this Agreement and each Note with respect to any aspects of the LIBOR Rate or any Loan under the LIBOR Rate Option, each Lender and Administrative the Agent shall be presumed to have obtained rates, funding, currencies, deposits, and the like in the London interbank market regardless 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, Sections 4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available] and 5.9 5.6 [Increased CostsAdditional Compensation in Certain Circumstances] shall be calculated, at each Lender's and Administrative Agent's option, as though each Lender and Administrative Agent funded its pro rata share of each Borrowing Tranche of Loans under the LIBOR 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 LIBOR Rate applicable to such Loans, whether in fact that is the case.. 00 XXXX 000000x0

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

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