LIBOR Rate Unascertainable. In the event that on any date on which a LIBOR Rate would otherwise be set the Bank shall have determined in good faith (which determination shall be final and conclusive) that, by reason of circumstances affecting the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate, the Bank shall give prompt notice of such determination to the Borrower, and until the Bank notifies the Borrower that the circumstances giving rise to such determination no longer exist, the right of the Borrower to borrow under, renew or convert to the LIBOR Rate Option shall be treated as a request to borrow under, renew or convert to the Base Rate Option.
LIBOR Rate Unascertainable. Illegality; Increased Costs; Deposits Not Available; LIBOR Undesirable............................................................................ 38 7.3 Indemnity ............................................................................................................. 39 7.4 Designation of a Different Lending Office .......................................................... 39 7.5 Special Prepayment; Replacement of Lender ...................................................... 39 7.6 Taxes .................................................................................................................... 40 7.7
LIBOR Rate Unascertainable. (i) UNASCERTAINABLE. If on any date on which a LIBOR-Rate would otherwise be determined, the Bank shall have determined that:
(A) adequate and reasonable means do not exist for ascertaining such LIBOR-Rate; or
(B) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the LIBOR-Rate, the Bank shall have the rights specified in Section 2.2(f).
LIBOR Rate Unascertainable. If on any date on which the LIBOR Rate (or any such successor rate) would otherwise be determined, the Bank shall have determined that adequate and reasonable means do not exist for ascertaining such LIBOR Rate (or any such successor rate), for the purposes of such date, any reference to the LIBOR Rate herein shall be deemed to be a reference to Federal Funds Effective Rate plus 0.5% for such date, as determined by the Bank.
LIBOR Rate Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined with respect to Loans, the Administrative Agent or the Canadian Agent, as applicable, shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent or the Canadian Agent, as applicable, shall have the rights specified in Section 3.4.3 [Administrative Agent's and US Banks' Rights].
LIBOR Rate Unascertainable. Increased Costs; Deposits Not Available; Illegality; Benchmark Replacement Setting. 6168
LIBOR Rate Unascertainable. Notwithstanding anything to the contrary herein, if the Bank determines (which determination shall be conclusive) that (1) quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Rate are not being provided in the relevant amounts or for the relative maturities for purposes of determining the rate of interest on a LIBOR Loan as provided herein and (2) the relevant rates of interest referred to in the definition of LIBOR Rate upon the basis of which the rate of interest for any such type of loan is to be determined do not accurately cover the cost to the Bank of making or maintaining such type of Loans, then the Bank shall forthwith give notice thereof to the Borrower, whereupon (a) the obligation of the Bank to make LIBOR Loans shall be suspended until the Bank notifies the Borrower of the circumstances giving rise to such suspension no longer exist; and
LIBOR Rate Unascertainable. Impracticability. The Bank shall promptly notify the Borrower in the event that:
(i) on any date on which a LIBOR-Based Rate selected by the Borrower by notice to the Bank would otherwise be set (including any conversion to or renewal thereof), the Bank shall have determined in good faith (which determination shall be final and conclusive) that adequate and reasonable means do not exist for determining the LIBOR Rate; or
(ii) at any time the Bank shall have determined in its reasonable business judgment (which determination shall be final and conclusive) that the selection of a LIBOR-Based Rate or the continuation of or the conversion or renewal of a LIBOR-Based Rate has been made impossible or impracticable or unlawful by compliance by Bank with any applicable law or governmental regulation, guideline or order or interpretation thereof by any governmental authority charged with the interpretation or administration thereof or with any request or directive of any such governmental authority (whether or not having the force of law).
LIBOR Rate Unascertainable. If DFS shall have determined (which determination shall be conclusive and binding on the parties hereto) that adequate and reasonable means do not exist for ascertaining the LIBOR Rate for more than five (5) consecutive Business Days in a calendar month, then for the remainder of such calendar month, or until the LIBOR Rate is again ascertainable, whichever occurs first, the LIBOR Rate shall be replaced with a rate of interest that is equal to (i) the Prime Rate per annum minus an increment which sum is equivalent to the last LIBOR Rate determinable by DFS ("LIBOR Rate Equivalent"), plus (ii) the LIBOR Rate increment set forth in Subsection 2.5.2 of this Agreement. If DFS shall have determined (which determination shall be conclusive and binding on the parties hereto) that adequate and reasonable means do not exist for ascertaining the LIBOR Rate for less than five (5) consecutive Business Days in a calendar month, then the LIBOR Rate for such days shall be the average of the LIBOR Rates for the day immediately preceding and the day immediately following the period when the LIBOR Rate was unascertainable.
LIBOR Rate Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank market relating to the establishment of the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.5.5 [Administrative Agent’s and Xxxxxx’s Rights].
