Common use of INTEREST RATE NOT ASCERTAINABLE, ETC Clause in Contracts

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Administrative Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Administrative Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear interest at the same interest as Base Rate Advances(or at such other rate of interest per annum as Borrower and each of the Administrative Agent and the Lenders shall have agreed to in writing).

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's ’s position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Advances Revolving Loans shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBOR Rate for any Interest Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of Adjusted LIBOR Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Lessee and to the Lenders Funding Parties, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Lessee that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders Funding Parties to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Rent Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBOR Rate for any Interest Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of Adjusted LIBOR Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Lessee and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Lessee that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Rent Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Company and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Company that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans Advances to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist (which notice Agent agrees to give to the Borrower upon Agent obtaining knowledge that such circumstances have ceased to exist), the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Xxxxxx and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Xxxxxx that the circumstances giving rise to the suspension notice described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the ------------------------------------ Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest mani fest error, shall be final, conclusive and binding upon all partiespar ties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans, 364-Day Loans, or Seasonal Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans or 364-Day Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Dollar and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Dollar that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans Fundings to remain outstanding past the last day of the then current Interest Rent Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.Base

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Rent Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Lessee and to the Lenders other Funding Parties, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Lessee that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders other Funding Parties to make or permit portions of the Loans Funded Amounts to remain outstanding past the last day of the then current Interest Rent Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected LIBOR Advances shall bear the same interest as Base Rate Advances.bear

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear interest at the same interest as Base Rate Advances(or at such other rate of interest per annum as Borrower and each of the Agent and the Lenders shall have agreed to in writing).

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Intermet and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Intermet that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear interest at the same interest as Base Rate Advances(or at such other rate of interest per annum as Intermet and each of the Agent and the Lenders shall have agreed to in writing).

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and Nelsxx xxx to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that Nelsxx xxxt the circumstances giving rise to the suspension notice described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans or Term Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar AdvancesLoans, as the case may be, shall be suspended, and such affected Advances Loans shall bear the same interest as Base Rate AdvancesLoans.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Administrative Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Administrative Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans and the Term Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Administrative Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Company and to the Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies the Borrower Company that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make make, or permit portions of the Loans Advances to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advancesas, as the case may be, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Borrowers and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans and the Term Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, Advances shall be suspended, and such affected Advances shall bear the same interest as Base Rate Advances.