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

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear interest at the Base Rate (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).

Appears in 4 contracts

Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc), Credit Agreement (Choicepoint Inc)

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INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 Administrative Agent's position in such marketmarkets, 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 Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 4 contracts

Samples: Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 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 Administrative Agent's position in such market, 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 Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower Lessee and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 2 contracts

Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 Administrative Agent's ’s position in such marketmarkets, 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 Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances Advances, as the case may be, shall be suspended, and such affected Advances Revolving Loans shall bear the same interest at the as Base Rate (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)Advances.

Appears in 2 contracts

Samples: Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc.)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 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 Administrative Agent's position in such market, 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 Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower Lessee and to the LendersFunding Parties, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 2 contracts

Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 market, 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 Borrower the Company and to the Lenders, Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies Borrower the 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Nuco2 Inc /Fl), Revolving Credit Agreement (Nuco2 Inc /Fl)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 2 contracts

Samples: Credit Agreement (Childrens Comprehensive Services Inc), Credit Agreement (Dollar General Corp)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 Administrative Agent's position in such marketmarkets, 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 Loans, as the case may be, shall be suspended, and such affected Advances Loans shall bear the same interest at the as Base Rate (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)Loans.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 Administrative Agent's position in such marketmarkets, 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 Revolving Loans or 364-Day Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent ------------------------------------ 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 Administrative Agent's position in such marketmarkets, 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 Revolving Loans, 364-Day Loans, or Seasonal Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances Advances, as the case may be, shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 market, 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 Borrower the Company and to the Lenders, Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies Borrower the 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 as, LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Nuco2 Inc /Fl)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear the same interest at the Base Rate (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).Base

Appears in 1 contract

Samples: Credit Agreement (Rock Tenn Co)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Morrison Health Care Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Administrative Agent's position in such market, 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 Borrower Dollar and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Master Agreement (Dollar General Corp)

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INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 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 market, 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 Borrower Intermet and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear interest at the Base Rate (or at such other rate of interest per annum as Borrower Intermet and each of the Administrative Agent and the Lenders shall have agreed to in writing).

Appears in 1 contract

Samples: Credit Agreement (I M Acquisition Corp)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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, 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 shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Dixie Group Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear interest at the Base Rate (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).

Appears in 1 contract

Samples: Credit Agreement (Haverty Furniture Companies Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower Borrowers and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Contribution Agreement (Dyersburg Corp)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that SunTrust, in the Administrative Agent 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 AgentSunTrust's position in such market, 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 SunTrust shall forthwith give notice (by telephone confirmed in writing) to Borrower and to the Lenders, other Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent SunTrust notifies 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 shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Bridge Credit Agreement (Hughes Supply Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 market, 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 Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower and Nelsxx xxx to the Lenders, Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Nelson Thomas Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 Rent 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 market, 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 Borrower the Lessee and to the Lendersother Funding Parties, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies Borrower the 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 LIBOR Advances shall be suspended, and such affected LIBOR Advances shall bear interest at the Base Rate (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).bear

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent 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 market, 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 Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower Xxxxxx and to the Lenders, Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 LIBOR Advances shall be suspended, and such affected Advances shall bear the same interest at the as Base Rate (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)Advances.

Appears in 1 contract

Samples: Credit Agreement (Nelson Thomas Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the 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 market, 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 Borrower Intermet and to the Lenders, of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies 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 shall be suspended, and such affected Advances shall bear interest at the Base Rate (or at such other rate of interest per annum as Borrower Intermet and each of the Administrative Agent and the Lenders shall have agreed to in writing).

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Intermet Corp)

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