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

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date for determining the Adjusted LIBOR Rate in respect of the Interest Period for any LIBOR Rate Advance, any Revolving Lender or Term B Lender determines (which determination shall be conclusive and binding, absent error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Lender in the relevant market for such Interest Period, or (b) the Adjusted LIBOR Rate will not adequately and fairly reflect the cost to such Lender of funding or maintaining LIBOR Rate Advances for such Interest Period, such Lender shall forthwith give notice to the Borrowers’ Agent and the other Revolving Lenders or Term B Lenders, as the case may be, of such determination, whereupon the obligation of such Lender to make or continue, or to convert any Advances to, LIBOR Rate Advances shall be suspended until such Lender notifies the Borrowers’ Agent and the Administrative Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Lender shall be made with an interest rate option to which such suspension does not apply. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any LIBOR Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date for determining the Adjusted LIBOR Rate in respect of the Interest Period for any LIBOR Rate Advance, any Revolving Lender or Term B the Lender determines (which determination shall be conclusive and binding, absent error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such the Lender in the relevant market for such Interest Period, or (b) the Adjusted LIBOR Rate will not adequately and fairly reflect the cost to such the Lender of funding or maintaining LIBOR Rate Advances for such Interest Period, such the Lender shall forthwith give notice to the Borrowers’ Agent and the other Revolving Lenders or Term B Lenders, as the case may be, Borrower of such determination, whereupon the obligation of such the Lender to make or continue, or to convert any Advances to, LIBOR Rate Advances shall be suspended until such the Lender notifies the Borrowers’ Agent and the Administrative Agent Borrower that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such the Lender shall be made with an interest rate option to which such suspension does not apply. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any LIBOR Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date for determining the Adjusted LIBOR Eurodollar Rate in respect of the Interest Period for any LIBOR Eurodollar Rate Advance, any Revolving Lender or Term B Lender determines (which determination shall be conclusive and binding, absent error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Lender in the relevant market for such Interest Period, or (b) the Adjusted LIBOR Rate Eurodollar Rate, as a result of an event or change of circumstances (other than simple rate fluctuations) occurring after the date of this Agreement, will not adequately and fairly reflect the cost to such Lender of funding or maintaining LIBOR Eurodollar Rate Advances for such Interest Period, such and Borrower does not agree, in writing, to pay the additional costs actually incurred by Lender, Lender shall forthwith give notice to the Borrowers’ Agent and the other Revolving Lenders or Term B Lenders, as the case may be, Borrower of such determination, whereupon the obligation of such Lender to make or continue, or to convert any Advances to, LIBOR Eurodollar Rate Advances shall be suspended until such Lender notifies the Borrowers’ Agent and the Administrative Agent Borrower that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Lender shall be made with an interest rate option to which such suspension does not applyReference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any LIBOR Eurodollar Rate Advance outstanding at the time such suspension is imposed.