Common use of LIBOR Unascertainable Clause in Contracts

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if (i) on any date on which the LIBOR Rate would otherwise be set Holder shall have determined in good faith (which determination shall be conclusive) that (A) adequate and reasonable means do not exist for ascertaining one month LIBOR, or (B) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder prices loans on the date on which the LIBOR Rate is determined by Holder as set forth above, or (ii) at any time Holder shall have determined in good faith (which determination shall be conclusive) that the making, maintenance or funding of any part of the Loan has been made impracticable or unlawful by compliance by Holder in good faith with any applicable law, regulation or guideline or interpretation or administration 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); then, and in any such event, Holder may notify Borrower of such determination. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given) the obligation of Holder to charge interest to Borrower at the LIBOR Rate shall be suspended until Holder shall have later notified Borrower of Holder's determination in good faith (which determination shall be conclusive) that the circumstances giving rise to such previous determination no longer exist.

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if (a) If (i) on any date on which the LIBOR Rate would otherwise be set Holder set, Lender shall have determined in good faith (which determination shall be conclusiveconclusive absent manifest error) that (A) adequate and reasonable means do not exist for ascertaining one month LIBOR, the LIBOR Rate or (B) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder Lender prices loans on the date on which the LIBOR Rate is determined by Holder as set forth aboveLender hereunder, or (ii) at any time Holder Lender shall have determined in good faith (which determination shall be conclusiveconclusive absent manifest error) that the making, maintenance or funding of any part of the Loan loan evidenced by this Note has been made impracticable or unlawful by Lender's compliance by Holder in good faith with any applicable law, regulation law or guideline or interpretation or administration 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); then, and in any such event, Holder Lender may notify Borrower of such determination. Upon such the date as shall be specified by Lender in such notice (which shall not be earlier than the date such notice is given) the ), Lender's obligation of Holder to charge interest to Borrower at the LIBOR Rate shall be suspended until Holder Lender shall have later notified notify Borrower of HolderLender's determination in good faith (which determination shall be conclusiveconclusive in the absence of manifest error) that the circumstances giving rise to such previous determination no longer existexists.

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if If (ia) on any date on which the LIBOR Note Rate would otherwise be set set, Holder shall have determined in good faith (which determination shall be conclusive) that (Ai) adequate and reasonable means do not exist for ascertaining the one month LIBOR, or (Bii) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder prices loans on the date on which the LIBOR Note Rate is determined by Holder as set forth above, or (iib) at any time Holder shall have determined in good faith (which determination shall be conclusive) that the making, maintenance or funding of any part of the Loan has been made impracticable or unlawful by compliance by Holder in good faith with any applicable law, regulation law or guideline or interpretation or administration 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); ) then, and in any such event, Holder may notify Borrower of such determination. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given) the obligation of Holder to charge interest to Borrower at the LIBOR Note Rate shall be suspended until Holder shall have later notified Borrower of Holder's determination in good faith (which determination shall be conclusive) that the circumstances giving rise to such previous determination no longer exist.

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if If (ia) on any date on which the LIBOR Note Rate would otherwise be set set, Holder shall have determined in good faith (which determination shall be conclusive) that (Ai) adequate and reasonable means do not exist for ascertaining the one month LIBOR, LIBOR or (Bii) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder prices loans on the date on which the LIBOR Note Rate is determined by Holder as set forth above, or (iib) at any time Holder shall have determined in good faith (which determination shall be conclusive) that the making, maintenance or funding of any part of the Loan has been made impracticable or unlawful by compliance by Holder in good faith with any applicable law, regulation law or guideline or interpretation or administration 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); ) then, and in any such event, Holder may notify Borrower of such determination. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given) ), the obligation of Holder to charge interest to Borrower at the LIBOR Note Rate shall be suspended until Holder shall have later notified Borrower of HolderXxxxxx's determination in good faith (which determination shall be conclusive) that the circumstances giving rise to such previous determination no longer exist.

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if If (i) on any date on which the LIBOR Rate would otherwise be set Holder set, the Purchaser shall have determined in good faith (which determination shall be conclusive) that (A) adequate and reasonable means do not exist for ascertaining one month LIBOR, the LIBOR Rate or (B) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder the Purchaser prices loans on the date on which the LIBOR Rate is determined by Holder as set forth abovethe Purchaser hereunder, or (ii) at any time Holder the Purchaser shall have determined in good faith (which determination shall be conclusive) that the making, maintenance or funding of any part of the Loan loan evidenced by this Note has been made impracticable or unlawful by the Purchaser's compliance by Holder in good faith with any applicable law, regulation law or guideline or interpretation or administration 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); then, and in any such event, Holder Purchaser may notify Borrower the Company of such determinationdetermination (the occurrence of any such event being referred to herein as a "LIBOR Termination Event"). Upon such the date as shall be specified by the Purchaser in such notice (which shall not be earlier than the date such notice is given) ), the Purchaser's obligation of Holder to charge interest to Borrower the Company at the LIBOR Rate shall be suspended until Holder Purchaser shall have later notified Borrower notify the Company of HolderPurchaser's determination in good faith (which determination shall be conclusiveconclusive in the absence of manifest error) that the circumstances giving rise to such previous determination no longer existexists. If the Purchaser notifies the Company of a determination under this subsection, and until such time as Purchaser determines in good faith (which determination shall be conclusive in the absence of manifest error) that the circumstances giving rise to such previous determination no longer exists, interest shall accrue at the Base Floating Rate.

LIBOR Unascertainable. Anything herein to the contrary notwithstanding, if If (i) on any date on which the LIBOR Rate would otherwise be set Holder Lender shall have determined in good faith (which determination shall be conclusive) that (A) adequate and reasonable means do not exist for ascertaining one month LIBORsuch LIBOR Rate, or (B) a contingency has occurred which materially and adversely affects the London Interbank Eurodollar Market at which Holder prices loans on the date on which the LIBOR Rate is determined by Holder as set forth aboveinterbank eurodollar market, or (ii) at any time Holder Lender shall have determined in good faith (which determination shall be conclusive) that the making, maintenance or funding of any part of the Loan has been made impracticable or unlawful by compliance by Holder Lender in good faith with any applicable law, regulation Law or guideline or interpretation or administration thereof by any governmental authority Governmental Authority charged with the interpretation or administration thereof or with any request or directive of any such governmental authority Governmental Authority (whether or not having the force of law); then, and in any such event, Holder Lender may notify Borrower Maker of such determination. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given) the obligation of Holder Lender to charge interest to Borrower Maker at the LIBOR Rate shall be suspended until Holder Lender shall have later notified Borrower Maker of HolderXxxxxx's determination in good faith (which determination shall be conclusive) that the circumstances giving rise to such previous determination no longer exist.