Common use of Interest Rate Not Ascertainable Clause in Contracts

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower of such determination. Until Lender notifies Borrower that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 5 contracts

Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.), Loan and Security Agreement (Select Interior Concepts, Inc.), Loan and Security Agreement (Select Interior Concepts, Inc.)

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Interest Rate Not Ascertainable. IfIf Lender shall determine that on any date for determining LIBOR, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available such rate on the basis provided herein, then Lender shall immediately notify Borrower of such determination. Until Lender notifies Borrower that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 4 contracts

Samples: Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Craftmade International Inc)

Interest Rate Not Ascertainable. IfIf Lender shall determine that on any date for determining LIBOR, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available such rate on the basis provided herein, then Lender shall immediately notify Borrower Borrowers of such determination. Until Lender notifies Borrower Borrowers that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Radiant Logistics, Inc), Loan and Security Agreement (Ashworth Inc)

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower Borrowers of such determination. Until Lender notifies Borrower Borrowers that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, suspended and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 2 contracts

Samples: Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (Blyth Inc)

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower Agent of such determination. Until Lender notifies Borrower Agent that such circumstance no longer exists, the obligation of Lender to make affected Loans based upon LIBOR Loans shall be suspended, suspended and no further Loans may be converted into requested, made or continued as such LIBOR Loansbased upon LIBOR.

Appears in 1 contract

Samples: Loan and Security Agreement (Wireless Telecom Group Inc)

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided hereindate, then Lender shall immediately notify Borrower Agent of such determination. Until determination and Lender shall have the right at its sole discretion to select a comparable or successor rate, which comparable or successor rate shall apply to the Term Loan until Lender notifies Borrower Agent that the circumstances giving rise to such circumstance determination no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loansexist.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Blyth Inc)

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower Borrowers of such determination. Until Lender notifies Borrower Borrowers that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)

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Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower of such determination. Until Lender notifies Borrower that such circumstance no longer exists, the obligation of Lender to make affected Loans based upon LIBOR Loans shall be suspended, suspended and no further Loans may be converted into requested, made or continued as such LIBOR Loansbased upon LIBOR.

Appears in 1 contract

Samples: Loan and Security Agreement (Volt Information Sciences, Inc.)

Interest Rate Not Ascertainable. If, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available on the basis provided herein, then Lender shall immediately notify Borrower Borrowers of such determination. Until Lender notifies Borrower Borrowers that such circumstance no longer exists, the obligation of Lender to make affected Loans based upon LIBOR Loans shall be suspended, suspended and no further Loans may be converted into requested, made or continued as such LIBOR Loansbased upon LIBOR, and all outstanding Loans and any Loans thereafter made by Lender shall bear interest at the Base Rate plus the Applicable Margin less 1.00%.

Appears in 1 contract

Samples: Loan and Security Agreement (Xplore Technologies Corp)

Interest Rate Not Ascertainable. IfIf Lender shall determine that on any date for determining Adjusted LIBOR, due to any circumstance affecting the London interbank market, Lender determines that adequate and fair means do not exist for ascertaining LIBOR on any applicable date or that any Interest Period is not available such rate on the basis provided herein, then Lender shall immediately notify Borrower of such determination. Until Lender notifies Borrower that such circumstance no longer exists, the obligation of Lender to make affected LIBOR Loans shall be suspended, and no further Loans may be converted into or continued as such LIBOR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (First Aviation Services Inc)

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