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 reasonably exercised and shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the LIBOR Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, or any Lender'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 Rate, then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrowers and to the Lenders of such determination. Until the Administrative Agent notifies the Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make LIBOR Loans shall be immediately suspended; any Borrowing of LIBOR Loans that is requested (by continuation, conversion or otherwise) shall instead be made as a Borrowing of ABR Loans, and any outstanding LIBOR Loan shall be converted, on the last day of the then current Interest Period applicable thereto, to a ABR Loan.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent Lender shall have determined (which determination shall be reasonably exercised and shallmade in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining the LIBOR Adjusted LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, or any the Lender'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 Lender shall forthwith give notice (by telephone confirmed in writing) to Borrower of such determination and a summary of the Borrowers and to the Lenders of basis for such determination. Until the Administrative Agent Lender notifies the Borrowers Borrower that the circumstances giving rise to the suspension described herein no longer exist (which notice Lender agrees to give to the Borrower upon Lender obtaining knowledge that such circumstances have ceased to exist), the obligations of the Lenders Lender to make LIBOR Loans shall be immediately suspended; any Borrowing of LIBOR Loans that is requested (by continuation, conversion or otherwise) shall instead be made as a Borrowing of ABR Loans, and any permit the Term Loan to remain outstanding LIBOR Loan shall be converted, on past the last day of the then current Interest Period applicable theretoas a LIBOR Borrowing shall be suspended, to a ABR Loanand the Term Loan shall bear interest at the Base Rate.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent shall have determined (which determination shall be reasonably exercised and shallmade in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining the LIBOR Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, market or any Lenderthe 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 RateLIBOR, then, then and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrowers Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to the suspension described herein no longer exist, (i) the obligations of the Lenders to make permit portions of the Loans to remain outstanding as LIBOR Loans shall be immediately suspended; any Borrowing of suspended and (ii) all such affected LIBOR Loans that is requested (by continuation, conversion or otherwise) shall instead be made bear the same interest as a Borrowing of ABR Base Rate Loans, and any outstanding LIBOR Loan shall be converted, on the last day of the then current Interest Period applicable thereto, to a ABR Loan.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent shall have determined (which determination shall be reasonably exercised and shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the LIBOR Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, or any Lender's ’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 Rate, then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrowers Borrower Agent and to the Lenders of such determination. Until the Administrative Agent notifies the Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make LIBOR Loans shall be immediately suspended; , any Borrowing of LIBOR Loans that is requested (by continuation, conversion or otherwise) shall instead be made as a Borrowing of ABR Loans, and any outstanding LIBOR Loan shall be converted, on the last day of the then current Interest Period applicable thereto, to a an ABR Loan.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent shall have determined (which determination shall be reasonably exercised and shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the LIBOR Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, or any Lender'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 Rate, then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrowers and to the Lenders of such determination. Until the Administrative Agent notifies the Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make LIBOR Loans shall be immediately suspended; , any Borrowing of LIBOR Loans that is requested (by continuation, conversion or otherwise) shall instead be made as a Borrowing of ABR Loans, and any outstanding LIBOR Loan shall be converted, on the last day of the then current Interest Period applicable thereto, to a an ABR Loan.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Administrative Agent shall have determined (which determination shall be reasonably exercised and shall, absent manifest error, be final, conclusive conclusive, and binding upon all parties) that on any date for determining the LIBOR LIBO Rate for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank LIBOR market, or any Lender'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 LIBO Rate, then, and in any such event, the Administrative Agent shall forthwith give notice (by telephone confirmed by telecopy or otherwise in writing) to the Borrowers Borrower and to the Lenders of such determination. Until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make LIBOR Loans shall be immediately suspended; , any Borrowing of LIBOR Loans Loan that is requested (by continuation, conversion or otherwise) shall instead be made as a Borrowing of ABR LoansBase Rate Loan, and any outstanding LIBOR Loan shall be converted, on the last day of the then current Interest Period applicable thereto, to a ABR Base Rate Loan.