Common use of Interest Rate Not Ascertainable Clause in Contracts

Interest Rate Not Ascertainable. If Lender shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO Rate for any Interest Period, by reason of any changes rising after the date of this Agreement affecting the interbank Eurodollar market or 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 Adjusted LIBO Rate, then, and in any such event, Lender shall forthwith give notice (by telephone confirmed in writing) to Borrower of such determination. Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender to make or commit portions of the Loans to remain outstanding as LIBOR Loans shall be suspended, and such affected Loans shall bear the interest rates applicable to Base Rate Loans.

Appears in 1 contract

Samples: Loan Agreement (Inbrand Corp)

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Interest Rate Not Ascertainable. If Lender shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO Rate LIBOR for any Interest Period, by reason of any changes rising arising after the date of this Agreement affecting the London interbank Eurodollar market or Lender's or Bank'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 LIBO LIBOR Rate, then, and in any such event, Lender shall forthwith give notice (by telephone confirmed in writing) to Borrower APB of such determination. Until Lender notifies Borrower Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender to make or commit portions of the Loans to remain outstanding as LIBOR Loans shall be suspended, and such affected Loans shall then outstanding shall, at the end of the then applicable Interest Period or at such earlier time as may be required by Applicable Law, bear the same interest rates applicable to as Base Rate Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)

Interest Rate Not Ascertainable. If Lender Agent shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO London Interbank Offered Rate for any Interest Period, by reason of any changes rising arising after the date of this Agreement affecting the London interbank Eurodollar 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 Adjusted LIBO London Interbank Offered Rate, then, and in any such event, Lender Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower Borrowers of such determination. Until Lender Agent notifies Borrower Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender Lenders to make or commit portions of the Loans to remain outstanding as LIBOR Euro-Dollar Loans shall be suspended, and such affected Revolver Loans shall then outstanding shall, at the end of the then applicable Interest Period or at such earlier time as may be required by Applicable Law, bear the same interest rates applicable to as Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Remington Arms Co Inc/)

Interest Rate Not Ascertainable. If Lender shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO Euro-Dollar Rate for any Interest Period, by reason of any changes rising arising after the date of this Agreement affecting the London interbank Eurodollar market or 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 Adjusted LIBO Euro-Dollar Rate, then, and in any such event, Lender shall forthwith give notice (by telephone confirmed in writing) to Borrower Borrowers of such determination. Until Lender notifies Borrower Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender to make or commit portions of the Loans to remain outstanding as LIBOR Euro-Dollar Loans shall be suspended, and such affected Loans shall then outstanding shall, at the end of the then applicable Interest Period or at such earlier time as may be required by Applicable Law, bear the same interest rates applicable to as Base Rate Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)

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Interest Rate Not Ascertainable. If Lender shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO LIBOR Rate for any Interest Period, by reason of any changes rising arising after the date of this Agreement affecting the London interbank Eurodollar market or Lender's or Bank'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 LIBO LIBOR Rate, then, and in any such event, Lender shall forthwith give notice (by telephone confirmed in writing) to Borrower of such determination. Until Lender notifies Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender Lenders to make or commit portions of the Loans to remain outstanding as LIBOR Loans shall be suspended, and such affected Loans shall then outstanding shall, at the end of the then applicable Interest Period or at such earlier time as may be required by Applicable Law, bear the same interest rates applicable to as Base Rate Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Interest Rate Not Ascertainable. If Lender Agent shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) that on any date for determining the Adjusted LIBO London Interbank Offered Rate for any Interest Period, by reason of any changes rising arising after the date of this Agreement affecting the London interbank Eurodollar 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 Adjusted LIBO London Interbank Offered Rate, then, and in any such event, Lender Agent shall forthwith give notice (by telephone confirmed in writing) to Borrower Borrowers of such determination. Until Lender Agent notifies Borrower Borrowers that the circumstances giving rise to the suspension described herein no longer exist, the obligation of Lender Lenders to make or commit portions of the Loans to remain outstanding as LIBOR Euro-Dollar Loans shall be suspended, and such affected Revolver Loans shall then outstanding shall, at the end of the then applicable Interest Period or at such earlier time as may be required by Applicable Law, bear the same interest rates applicable to as Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Remington Arms Co Inc/)

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