Common use of LIBO Rate Lending Unlawful Clause in Contracts

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion and (ii) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected.

LIBO Rate Lending Unlawful. If any Lender shall determine in good faith (which good faith determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, law makes it unlawful, or any central bank or other governmental authority asserts, after such date, asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender all Lenders to make, continue, maintain or convert into any Loans as LIBO Rate such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date")exist, and (i) all LIBO Rate Loans previously made by of such Lender type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion assertion. Until such time as such Lender's obligation to make, continue and (ii) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of maintain LIBO Rate Loans made is reinstated, the Borrower shall have the right (with the prior written consent of the Agent, which consent shall not be unreasonably withheld) to replace such affected Lender by Lenders not so affectedobtaining another financial institution that is willing to purchase such affected Lender's interest herein for the full amount of any outstanding Loans, Reimbursement Obligations and other amounts owed hereunder (including principal, accrued interest, breakage costs and any other unreimbursed costs and expenses owed to such Lender), to assume such affected Lender's obligations under this Agreement and to become a Lender hereunder. In such event, the affected Lender shall, upon ten (10) Business Days notice from Borrower, assign one hundred percent (100%) of its interest hereunder to such replacement lender for the price described in the previous sentence.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Company and the Lenders, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law, in each case after (i) in the case of any such introduction or change with respect to Committed Loans, the date upon which such Lender shall have become a Lender hereunder, and (ii) in the case of any such introduction or change with respect to Uncommitted Revolving Loans, the date on which such Lender submitted an Uncommitted Interest Quote in respect of such Uncommitted Revolving Loan pursuant to Section 2.4, makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as or to LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender shall (A) in the case of U.S. Loans, automatically convert into Base Rate Loans and (B) in the case of Foreign Currency Loans, accrue interest at each applicable Lender's cost of funds, as reasonably determined and as notified by such Lender to the Administrative Agent and the Company, plus the Applicable Margin in respect of such Foreign Currency Loans, in each case at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion assertion, and (ii) all Loans thereafter to be made by such Lender and outstanding prior to the Reinstatement Date shall (A) in the case of U.S. Loans, be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected, and (B) in the case of Foreign Currency Loans, accrue interest at each applicable Lender's cost of funds, as reasonably determined and as notified by such Lender to the Administrative Agent and the Company, plus the Applicable Margin in respect of such Foreign Currency Loans.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, in the absence of manifest error, upon notice thereof to the Borrower Company and the Lenders, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law, in each case after (i) in the case of any such introduction or change with respect to Committed Loans, the date upon which such Lender shall have become a Lender hereunder, and (ii) in the case of any such introduction or change with respect to Uncommitted Foreign Currency Revolving Loans, the date on which such Lender submitted an Uncommitted Foreign Currency Interest Quote in respect of such Uncommitted Foreign Currency Revolving Loan pursuant to Section 2.4 makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as or to LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist exist, which such Lender shall do promptly upon obtaining actual knowledge of such change in circumstances (provided that the rights and benefits of such Lender under this clause relating to any period prior to such failure to give prompt notice shall not be limited or otherwise adversely affected as a result of such failure) (with the date of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans 96 105 previously made by such Lender shall (A) in the case of U.S. Dollar Loans, automatically convert into Base Rate Loans and (B) in the case of Foreign Currency Loans, accrue interest at each applicable Lender's cost of funds, as reasonably determined and as notified by such Lender to the Administrative Agent and the Company, plus the Applicable Margin in respect of such Foreign Currency Loans, in each case at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion assertion, and (ii) all Loans thereafter to be made by such Lender and outstanding prior to the Reinstatement Date shall (A) in the case of U.S. Dollar Loans, be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected, and (B) in the case of Foreign Currency Loans, accrue interest at each applicable Lender's cost of funds, as reasonably determined and as notified by such Lender to the Administrative Agent and the Company, plus the Applicable Margin in respect of such Foreign Currency Loans.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the U.S. Borrower and the LendersAdministrative Agent, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, law makes it unlawful, or any central bank or other governmental authority asserts, after such date, Governmental Authority asserts that it is unlawful, for such Lender to make, make or continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, or to make or maintain any Competitive Bid Loan based on a LIBOR Auction, the obligations of such Lender to make, continue, maintain continue or convert any Loans as such LIBO Rate Loans Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date")exist, and (ia) all LIBO Rate Loans previously made by such Lender denominated in Dollars shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion assertion, and (iib) all LIBO Rate Loans thereafter made denominated in any Other Currency shall automatically become due and payable at the end of the then current Interest Periods with respect thereto or sooner, if required by applicable law. If any Lender shall make such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable determination with respect to the corresponding Borrowing making or maintaining a Competitive Bid Loan based on a LIBOR Auction and such Competitive Bid Loan is required by law or assertion to be prepaid on a date prior to the end of LIBO Rate Loans made by Lenders not so affectedthe Interest Period therefor, then the Borrower shall prepay such Competitive Bid Loan on such date.

LIBO Rate Lending Unlawful. If any Lender Participant shall determine (which determination shall, upon notice thereof to the Borrower Company and the LendersParticipants, be conclusive and binding on the BorrowerCompany and the other Lessees) that the introduction of or any change in or in the interpretation of any law, in each case law after the date upon which such Lender shall have become a Lender hereunder, Documentation Date makes it unlawful, or any central bank or other governmental authority asserts, asserts after such date, the Documentation Date that it is unlawful, for such Lender Participant to make, continue or maintain any Loan asor Equity Amount, or to convert any Loan intoas the case may be, as a LIBO Rate Loan, Amount the obligations obligation of such Lender Participant to make, continuecontinue or maintain any such Loan or Equity Amount, maintain or convert any Loans as the case may be, as a LIBO Rate Loans Amount shall, upon such determination, forthwith be suspended until such Lender Participant shall notify the Company and the Administrative Agent that the circumstances causing such suspension no longer exist (with exist, and all Loans or Equity Amounts, as the date case may be, of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender Participant shall automatically convert into bear interest or accrue Equity Yield at the Alternate Base Rate Loans at either (a) on the end last day of the then current Interest Periods with respect Rent Period applicable to such Loan or Equity Amount, then determined as a LIBO Rate Amount, as the case may be, if such Participant -40- 95 Participation Agreement may lawfully continue to maintain and fund such Loan or Equity Amount as a LIBO Rate Amount or (b) immediately if such Participant shall determine that it may not lawfully continue to maintain and fund such Loan or Equity Amount, as the case may be, as a LIBO Rate Amount to such day thereto or sooner, if required by such law or assertion and (ii) all assertion. For so long as any Participant's obligations to make, continue or maintain Loans thereafter made by or Equity Amounts, as the case may be, as a LIBO Rate Amount shall be suspended pursuant to this SECTION 11.7, such Lender and outstanding prior Participant shall, subject to the Reinstatement Date shall be made terms and conditions of the Operative Documents, advance Loans or Equity Amounts as Base Rate LoansAmounts; PROVIDED, with interest thereon being payable HOWEVER, that, upon such Participant's notification to the Company and the Administrative Agent that the circumstances causing such suspension no longer exist, all such Base Rate Amounts shall be converted into LIBO Rate Amount on the same date that interest is payable with respect to first day of the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affectednext succeeding Rent Period.

LIBO Rate Lending Unlawful. If any Lender shall determine -------------------------- (which determination shall, in the absence of manifest error, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as or to LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date"), and (ia) all LIBO Rate Loans previously ------------------ made by such Lender shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion and (iib) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected.

LIBO Rate Lending Unlawful. If If, on or after the date hereof, the adoption of any Lender shall determine (which determination shallapplicable law, upon notice thereof to the Borrower and the Lendersrule or regulation, be conclusive and binding on the Borrower) that the introduction of or any change therein, or any change in or in the interpretation of or administration thereof by any lawgovernmental authority, in each case after the date upon which such Lender shall have become a Lender hereunder, makes it unlawful, or any central bank or other governmental authority assertscomparable agency charged with the interpretation or administration thereof, after or compliance by any Participant (or its Funding Office) with any request or directive (whether or not having the force of law) of any such dateauthority, that central bank or comparable agency shall make it is unlawfulunlawful or impossible for the Lessor or any Lender, for such Lender as the case may be (or its Funding Office) to make, continue maintain or maintain any Loan asfund Loans or Lessor Amount, or to convert any Loan intoas applicable, a at the LIBO Rate Loan(Reserve Adjusted) and such Participant shall promptly so notify the Company, as agent for the obligations of such Lender to makeLessees, continue, maintain or convert any Loans as LIBO Rate Loans shall, upon such determination, forthwith be suspended whereupon until such Lender shall notify Participant notifies the Administrative Agent Company that the circumstances causing giving rise to such suspension no longer exist (exist, the obligation to continue LIBO Rate Amounts or convert ABR Amounts into LIBO Rate Amounts shall be suspended. Such Participant, with the date consent of the Company, as agent for the Lessees, (which consent shall not unreasonably be withheld), will designate a different Funding Office if such designation will avoid the need for giving such notice and will not, in the judgment of such Participant, be otherwise disadvantageous to such Participant. If such notice being the "Reinstatement Date")is given, and then (i) all the Company, as agent for the Lessees, shall be entitled upon its request to a reasonable explanation of the factors underlying such notice and (ii) each LIBO Rate Loans previously made by Amount of such Lender Participant then outstanding shall automatically convert into Base Rate Loans at an ABR Amount either (a) on the end last day of the then current Interest Periods with respect thereto or soonerPeriod applicable thereto, if required by such law or assertion Participant may lawfully continue to maintain and (ii) all Loans thereafter made by fund such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders Amount to such day or (b) immediately, if such Participant shall determine that it may not so affectedlawfully continue to maintain and fund such LIBO Rate Amount to such day.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, in the absence of manifest error, upon notice thereof to the Borrower Borrowers and the Lenders, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law, in each case after (i) in the case of any such introduction or change with respect to any Committed Loan, the date upon which such Lender shall have become a Lender hereunder, and (ii) in the case of any such introduction or change with respect to any Uncommitted Revolving Loan, the date upon which such Lender submitted an Uncommitted Interest Quote in respect of such Uncommitted Revolving Loan pursuant to Section 2.8, makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate LoanLoan in any currency, the obligations of such Lender to make, continue, maintain or convert any Loans as or to LIBO Rate Loans in such currency shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans in such currency previously made by such Lender shall (A) in the case of Loans in Dollars or Canadian Dollars, automatically convert into Base Rate Loans and (B) in the case of Foreign Currency Loans other than Foreign Currency Loans in Canadian Dollars, accrue interest at each applicable Lender's cost of funds in such currency, as reasonably determined and as notified by such Lender to the Administrative Agent and the Borrowers, plus the Applicable Margin in respect of such Foreign Currency Loans, in each case at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion and (ii) all Loans in such currency thereafter made by such Lender and outstanding prior to the Reinstatement Date shall (A) in the case of Loans in Dollars or Canadian Dollars, be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected, and (B) in the case of Foreign Currency Loans other than Foreign Currency Loans in Canadian Dollars, accrue interest at each applicable Lender's cost of funds in such currency, as reasonably determined and as notified by such Lender to the Administrative Agent and the Borrowers, plus the Applicable Margin in respect of such Foreign Currency Loans.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Borrowers and the LendersAdministrative Agent, be conclusive prima facie evidence thereof and shall be binding on the BorrowerBorrowers absent manifest error) that the introduction of or any change in or in the interpretation of any law, in each case after the later of (i) the Closing Date and (ii) the date upon which such Lender shall have become a Lender hereunderhereunder (unless, in the case of this CLAUSE (ii), such introduction or change shall have similarly affected substantially all of the other Lenders) makes it unlawful, or any central bank or other governmental authority Governmental Authority asserts, after such date, that it is unlawful, for such Lender to make, make or continue or maintain any Loan as, or -52- to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to makemake or continue any Loan as a LIBO Rate Loan, continue, maintain or convert any Loans as Loan into a LIBO Rate Loans Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist (with the date of such notice being the "Reinstatement DateREINSTATEMENT DATE"), and (ia) all LIBO Rate Loans previously made by such Lender shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion and (iib) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected.

LIBO Rate Lending Unlawful. If any Lender Participant shall reasonably determine (which determination shall, upon notice thereof to the Borrower Lessee and the LendersParticipants, be conclusive and binding on the BorrowerLessee and which notice shall be withdrawn whenever the applicable circumstances no longer exist) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, law makes it unlawful, or any central bank or other governmental authority asserts, after such date, Governmental Authority asserts that it is unlawful, for such Lender Participant to makemake available, continue or maintain any Loan asor Lessor Amount that bears Interest or Yield based upon the LIBO Rate, as the case may be, the obligation of such Participant to make available, continue or to convert maintain any such Loan intoor Lessor Amount, as the case may be, on a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as LIBO Rate Loans basis shall, upon such determination, forthwith be suspended (unless such Participant determines in its sole discretion that it can continue to make any Loan or Lessor Amount based upon the LIBO Rate at one of its lending offices where such action would not be deemed unlawful) until such Lender Participant shall notify the Administrative Agent Lessee and Lessor that the circumstances causing such suspension no longer exist (with and, to the date extent required by any such introduction of or change in or in the interpretation of any law, all Loans and Lessor Amount, as the case may be, of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender Participant shall automatically convert into bear Interest or accrue Yield at the Alternate Base Rate Loans at either (a) on the end last day of the then current Interest Periods with respect Period applicable to such Loan or Lessor Amount, as the case may be, if such Participant may lawfully continue to maintain and fund such Loan or Lessor Amount, or (b) immediately if such Participant shall determine that it may not lawfully continue to maintain and fund such Loan or Lessor Amount, as the case may be, to such day thereto or sooner, if required by such law or assertion assertion. It is hereby understood and agreed that, notwithstanding anything to the foregoing set forth in this Section 14.1, if at any time the conditions set forth in Section 14.2(b)(i) or (ii) are in effect, the provisions of this Section 14.1 shall no longer be applicable for any purpose of determining any alternative rate of Interest or Yield under this Participation Agreement and Section 14.2(b) shall instead be applicable for all Loans thereafter made by such Lender and outstanding prior to purposes of determining any alternative rate of Interest or Yield, as the Reinstatement Date shall be made as Base Rate Loanscase may be, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affectedunder this Participation Agreement.

LIBO Rate Lending Unlawful. If any Lender Participant shall determine (which determination shall, upon notice thereof to the Borrower Lessee and the LendersParticipants, be conclusive and binding on the BorrowerLessee) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, law makes it unlawful, or any central bank or other governmental authority asserts, after such date, Governmental Authority asserts that it is unlawful, for such Lender Participant to makemake available, continue or maintain any Loan asRent Assignment Contribution or Lessor Amount that bears Yield based upon the LIBO Rate, as the case may be, the obligation of such Participant to make available, continue or to convert maintain any Loan intosuch Rent Assignment Contribution or Lessor Amount, as the case may be, on a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as LIBO Rate Loans basis shall, upon such determination, forthwith be suspended (unless such Participant determines in its sole discretion that it can continue to make any Rent Assignment Contribution or Lessor Amount based upon the LIBO Rate at one of its lending offices where such action would not be deemed unlawful) until such Lender Participant shall notify the Administrative Agent Lessee and Lessor that the circumstances causing such suspension no longer exist (with and, to the date extent required by any such introduction of or change in or in the interpretation of any law, all Rent Assignment Contributions and Lessor Amount, as the case may be, of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender Participant shall automatically convert into accrue Yield at the Alternate Base Rate Loans at either (a) on the end last day of the then current Interest Periods with respect Period applicable to such Rent Assignment Contributions or Lessor Amount, as the case may be, if such Participant may lawfully continue to maintain and fund such Rent Assignment Contribution or Lessor Amount, or (b) immediately if such Participant shall determine that it may not lawfully continue to maintain and fund such Rent Assignment Contribution or Lessor Amount, as the case may be, to such day thereto or sooner, if required by such law or assertion and (ii) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affectedassertion.

LIBO Rate Lending Unlawful. If any Lender shall determine (which determination shall, in the absence of manifest error, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law, in each case after the date upon which such Lender shall have become a Lender hereunder, makes it unlawful, or any central bank or other governmental authority asserts, after such date, that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Lender to make, continue, maintain or convert any Loans as or to LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist exist, which such Lender shall do promptly upon obtaining actual knowledge of such change in circumstances (provided that the rights and benefits of such Lender under this clause relating to any period prior to such failure to give prompt notice shall not be limited or otherwise adversely affected as a result of such failure) (with the date of such notice being the "Reinstatement Date"), and (i) all LIBO Rate Loans previously made by such Lender shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion and (ii) all Loans thereafter made by such Lender and outstanding prior to the Reinstatement Date shall be made as Base Rate Loans, with interest thereon being payable on the same date that interest is payable with respect to the corresponding Borrowing of LIBO Rate Loans made by Lenders not so affected.