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

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that Lender shall have reasonably determined (which determination shall, absent manifest error, be final, conclusive and binding on Borrower) that on any date for determining LIBOR, by reason of changes affecting the London interbank market, or Lender’s position therein, (a) deposits in U.S. dollars are not being offered to banks in the relevant interbank market for the applicable Interest Period of any LIBOR Advance or (b) adequate and fair means do not exist for ascertaining LIBOR, then in such event, Lender shall give telephonic or written notice to Borrower of such determination (to be confirmed promptly by reasonable evidence in writing from Lender, in the case of telephonic notice). Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, Lender shall not be required to make or maintain any LIBOR Advances hereunder and shall make Prime Rate Advances instead.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that Lender shall have reasonably determined (which determination shall, absent manifest error, be final, conclusive and binding on Borrower) that on any date for determining LIBORthe LIBOR Rate, by reason of changes affecting the London interbank market, or Lender’s 's position therein, (ai) deposits in U.S. dollars are not being offered to banks in the relevant interbank market for the applicable Interest Period of any LIBOR Advance or (bii) adequate and fair means do not exist for ascertaining LIBORthe LIBOR Rate, then in such event, Lender shall give telephonic or written notice to Borrower of such determination (to be confirmed promptly by reasonable evidence in writing from Lender, in the case of telephonic notice)determination. Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, Lender shall not be required to make or maintain any a LIBOR Advances hereunder Advance and the alternative rate of interest offered under this Note shall make Prime Rate Advances insteadapply or, if no such rate is offered, the rate of interest shall be determined by Lender in its sole discretion.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that Lender shall have reasonably determined (which determination shall, absent manifest error, be final, conclusive and binding on Borrower) that on any date for determining LIBORthe LIBOR Rate, by reason of changes affecting the London interbank market, or Lender’s 's position therein, (a) deposits in U.S. dollars are not being offered to banks in the relevant interbank market for the applicable Interest Period of any LIBOR Advance or (b) adequate and fair means do not exist for ascertaining LIBORthe LIBOR Rate, then in such event, Lender shall give telephonic or written notice to Borrower of such determination (to be confirmed promptly by reasonable evidence in writing from Lender, in the case of telephonic notice)determination. Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, Lender shall not be required to make or maintain any a LIBOR Advances hereunder Advance and the alternative rate of interest offered under this Note shall make Prime Rate Advances insteadapply or, if no such rate is offered, the rate of interest shall be determined by Lender in its sole discretion.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that Lender shall have reasonably determined (which determination shall, absent manifest error, be final, conclusive and binding on Borrower) that on any date for determining LIBORthe LIBOR Rate, by reason of changes affecting the London interbank market, or Lender’s position therein, (a) deposits in U.S. dollars are not being offered to banks in the relevant interbank market for the applicable Interest Period of any LIBOR Advance or (b) adequate and fair means do not exist for ascertaining LIBORthe LIBOR Rate, then in such event, Lender shall give telephonic or written notice to Borrower of such determination (to be confirmed promptly by reasonable evidence in writing from Lender, in the case of telephonic notice)determination. Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, Lender shall not be required to make or maintain any a LIBOR Advances hereunder Advance and the alternative rate of interest offered under this Agreement shall make Prime Rate Advances insteadapply or, if no such rate is offered, the rate of interest shall be determined by Lender in its sole discretion.