Common use of LIBOR Unavailability Clause in Contracts

LIBOR Unavailability. If the Bank determines in good faith (which determination shall be conclusive, absent manifest error) prior to the commencement of any Interest Period that (i) the making or maintenance of any Trailing Average LIBOR Loan would violate any applicable law, rule, regulation or directive, whether or not having the force of law, (ii) United States dollar deposits for one-month Interest Periods in the principal amount for funding any Trailing Average LIBOR Loan are not available in the London Interbank Eurodollar market in the ordinary course of business, (iii) by reason of circumstances affecting the London Interbank Eurodollar market, adequate and fair means do not exist for ascertaining the Trailing Average LIBOR Rate to be applicable to the relevant Trailing Average LIBOR Loan, or (iv) the Trailing Average LIBOR Rate does not accurately reflect the cost to the Bank of a Trailing Average LIBOR Loan, the Bank shall promptly notify the Borrower thereof and, so long as the foregoing conditions continue, none of the Loans may be advanced as Trailing Average LIBOR Loans thereafter. In addition, at the Borrower’s option, each existing Trailing Average LIBOR Loan shall be immediately (i) converted to a Prime Loan, or (ii) due and payable without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower.

LIBOR Unavailability. If the Bank determines in good faith (which determination shall be conclusive, absent manifest error) prior to the commencement of any Interest Period that (i) the making or maintenance of any Trailing Average LIBOR Loan or Alternate Currency Loan would violate any applicable law, rule, regulation or directive, whether or not having the force of law, (ii) United States dollar deposits for one-month Interest Periods in the principal amount amount, and for periods equal to the Interest Period for funding any Trailing Average LIBOR Loan or Alternate Currency Loan are not available in the London Interbank Eurodollar market in the ordinary course of business, (iii) by reason of circumstances affecting the London Interbank Eurodollar market, adequate and fair means do not exist for ascertaining LIBOR or the Trailing Average LIBOR Alternate Currency Rate to be applicable to the relevant Trailing Average LIBOR Loan or Alternate Currency Loan, or (iv) LIBOR or the Trailing Average LIBOR Alternate Currency Rate does not accurately reflect the cost to the Bank of a Trailing Average LIBOR Loan or Alternate Currency Loan, the Bank shall promptly notify the Borrower thereof and, so long as the foregoing conditions continue, none of the Loans may not be advanced as Trailing Average a LIBOR Loans Loan or Alternate Currency Loan thereafter. In addition, (i) each Alternate Currency Loan shall be due and payable on the last Business Day of the then existing Interest Period; and (ii) each existing LIBOR Loan at the Borrower’s option, each existing Trailing Average LIBOR Loan option of the Borrower shall be immediately (iA) converted to a Prime LoanLoan on the last Business Day of the then existing Interest Period, or (iiB) due and payable on the last Business Day of the then existing Interest Period, all without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower.

LIBOR Unavailability. If the Bank Lender determines in good faith (which determination shall be conclusive, absent manifest error) prior to the commencement of any Interest Period that (i) the making or maintenance of any Trailing Average LIBOR Rate Loan would violate any applicable law, rule, regulation or directive, whether or not having the force of law, (ii) United States U.S. dollar deposits for one-month Interest Periods in the principal amount amount, and for periods equal to the Interest Period, for funding any Trailing Average LIBOR Rate Loan are not available in the London Interbank Eurodollar market in the ordinary course of business, (iii) by reason of circumstances affecting the London Interbank Eurodollar market, adequate and fair means do not exist for ascertaining the Trailing Average LIBOR Rate to be applicable to the relevant Trailing Average LIBOR Rate Loan, or (iv) the Trailing Average LIBOR Rate does not accurately reflect the cost to the Bank Lender of a Trailing Average LIBOR Rate Loan, or (v) the Bank lenders under the Cash America Credit Agreement are not then making loans available to the Lender based upon the “LIBOR Rate” as defined in the Cash America Credit Agreement, then the Lender shall promptly notify the Borrower thereof and, so long as the foregoing conditions continue, none of the Loans may be advanced as Trailing Average a LIBOR Loans Rate Loan thereafter. In addition, at the Borrower’s option, each existing Trailing Average LIBOR Rate Loan shall be immediately (i) automatically converted to a Prime Loanan Alternate Base Rate Loan on the last Business Day of the then-existing Interest Period or on such earlier date as is required by law, or (ii) due and payable without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower.

LIBOR Unavailability. If the Bank Lender determines in good faith (which determination shall be conclusive, absent manifest error) prior to the commencement of any Interest Period that (i) the making or maintenance of any Trailing Average LIBOR Loan would violate any applicable law, rule, regulation or directive, whether or not having the force of law, (ii) United States dollar deposits for one-month Interest Periods in the principal amount amount, and for periods equal to the interest period for funding any Trailing Average LIBOR Loan are not available in the London Interbank Eurodollar market in the ordinary course of business, or (iii) by reason of circumstances affecting the London Interbank Eurodollar market, adequate and fair means do not exist for ascertaining the Trailing Average LIBOR Rate to be applicable to the relevant Trailing Average LIBOR Loan, or (iv) the Trailing Average LIBOR Rate plus the applicable margin does not accurately reflect the cost to the Bank Lender of a Trailing Average LIBOR Loan, the Bank Lender shall promptly notify the Borrower thereof and, so long as the foregoing conditions continue, none of the Loans may be advanced as Trailing Average a LIBOR Loans Loan thereafter. In the event of such LIBOR unavailability, in addition, at the Borrower’s option, each existing Trailing Average LIBOR Loan shall be immediately (i) converted to a Loan bearing interest with reference to the Prime LoanRate (plus such margin as reasonably determined by Lender so as to result in an interest rate as close to possible as the interest rate in effect immediately prior to the occurrence of such event) on the last Business Day of the then existing Interest Period, and thereafter the interest rate applicable shall be equal to the Prime Rate from time to time plus such margin (except if the Default Rate is applicable as set forth in Section 2.1(b) and Section 2.2(b)), or (ii) due and payable on the last Business Day of the then existing Interest Period, without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower.

LIBOR Unavailability. If the Bank Lender determines in good faith (which determination shall be conclusiveconclusive and binding upon Borrower, absent manifest error) prior to the commencement of any Interest Period that (i) dollar deposits in an amount approximately equal to the making or maintenance portion of any Trailing Average the advances for which Borrower has exercised the LIBOR Loan would violate any applicable law, rule, regulation or directive, whether or Rate Option for the designated LIBOR Interest Period are not having generally available at such time in the force of lawLondon Interbank Market for deposits in dollars, (ii) United States dollar the rate at which such deposits are being offered will not adequately and fairly reflect the cost to Lender of maintaining an Adjusted LIBOR Rate on such portion of the advances or of funding the same for one-month such LIBOR Interest Periods in the principal amount for funding any Trailing Average LIBOR Loan are not available in the London Interbank Eurodollar market in the ordinary course of business, (iii) by reason of Period due to circumstances affecting the London Interbank Eurodollar marketMarket generally, adequate and fair (iii) reasonable means do not exist for ascertaining the Trailing Average an Adjusted LIBOR Rate to be applicable to the relevant Trailing Average LIBOR LoanRate, or (iv) the Trailing Average an Adjusted LIBOR Rate does not accurately reflect the cost to the Bank of a Trailing Average LIBOR Loan, the Bank shall promptly notify the Borrower thereof and, so long as the foregoing conditions continue, none would be in excess of the Loans maximum interest rate which Borrower may be advanced by law pay, then, in any such event, Lender shall so notify Borrower and all portions of the advances bearing interest at an Adjusted LIBOR Rate that are so affected shall, as Trailing Average of the date of such notification with respect to any event described in item (ii) or (iv) above, or as of the expiration of the applicable LIBOR Loans thereafter. In addition, at the Borrower’s option, each existing Trailing Average LIBOR Loan shall be immediately Interest Period with respect to an event described in item (i) converted to a Prime Loan, or (iiiii) due and payable without further demandabove, presentment, protest or notice of any kind, all of which bear interest at the Adjusted Prime Rate until such time as the situations described herein are hereby waived by the Borrowerno longer in effect.