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 Eurodollar Rate in respect of the Interest Period, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Advances shall be suspended until such Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any requested Eurodollar Rate Advance, any the Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such the Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such the Bank shall forthwith give notice to the Agent and the Company and the other Banks of such determination, whereupon the obligation of such the Bank to make or continue, or to convert any Advances to, to Eurodollar Rate Advances shall be suspended until such the Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar LIBO Rate in respect of the Interest PeriodPeriod for any LIBOR Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar LIBO Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar LIBOR Advances for such Interest Period, such Bank shall forthwith give notice to the Borrowers’ Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar LIBOR Advances shall be suspended until such Bank notifies the Company Borrowers’ Agent and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Prime Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar LIBOR 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 Eurodollar Rate LIBOR in respect of the Interest PeriodPeriod for any LIBOR Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate LIBOR will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar LIBOR Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company Borrower and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar LIBOR Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar LIBOR 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 Eurodollar Eurocurrency Rate in respect of the Interest PeriodPeriod for any Eurocurrency Rate Advance, any Bank reasonably determines (which determination shall be conclusive and binding, absent error) that: (a) deposits in dollars U.S. Dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Eurocurrency Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Eurocurrency Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Borrowers’ Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar to Eurocurrency Rate Advances shall be suspended until such Bank notifies the Company Borrowers’ Agent and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advanceswith 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 Eurodollar Eurocurrency 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any Eurodollar Rate Advance, any the Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such the Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such the Bank shall forthwith give notice to the Agent and the Company and the other Banks Borrower of such determination, whereupon the obligation of such the Bank to make or continue, or to convert any Advances to, Eurodollar Rate Advances shall be suspended until such the Bank notifies the Company and the Agent Borrower that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such the Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any requested Eurodollar Rate Advance, any the Bank reasonably 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 Bank in the relevant market for such Interest Period, or or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such the Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such the Bank shall forthwith give notice to the Agent and the Company and the other Banks of such determination, whereupon the obligation of such the Bank to make or continue, or to convert any Advances to, to Eurodollar Rate Advances shall be suspended until such the Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any Eurodollar Rate Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Borrowers’ Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Rate Advances shall be suspended until such Bank notifies the Company Borrowers’ Agent and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Prime Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any Eurodollar Rate Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Borrowers’ Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Rate Advances shall be suspended until such Bank notifies the Company 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 Bank shall be made as Reference Prime Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any Eurodollar Rate Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Money Market Rate or the Adjusted Eurodollar Rate Rate, as the case may be, will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company Borrower and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Rate Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advanceswith 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 Eurodollar 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 Eurodollar Rate in respect of the Interest PeriodPeriod for any Eurodollar Rate Advance, any Bank reasonably determines (which determination shall be conclusive and binding, absent errorpresumptively correct) that: (a) that deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) or the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company Borrower and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Advances Rate Advance shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. Each Bank shall promptly notify the Borrower and the Agent when the circumstances giving rise to any such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar LIBOR Rate in respect of the Interest PeriodPeriod for any LIBOR Rate Advance, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar LIBOR Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar LIBOR Rate Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company Borrower and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar LIBOR Rate Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Prime Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of the Interest Period, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Eurodollar Advances for such Interest Period, such Bank shall forthwith give notice to the Agent and the Company and the other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Eurodollar Advances shall be suspended until such Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Reference Prime Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar 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 Eurodollar Rate in respect of for any Eurodollar Rate Advance, the Interest Period, any Bank reasonably 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 Bank in the relevant market for such Interest Period, or (b) the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to such the Bank of funding or maintaining Eurodollar Rate Advances for such Interest Period, such the Bank shall forthwith give notice to the Agent and the Company and the other Banks Borrower of such determination, whereupon the obligation of such the Bank to make or continue, or to convert any Advances to, Eurodollar Rate Advances shall be suspended until such the Bank notifies the Company and the Agent Borrower that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such the Bank shall be made as Reference Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Eurodollar Rate Advance outstanding at the time such suspension is imposed.