Limitation on LIBOR Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of any Adjusted LIBOR for any Interest Period:
(a) the Administrative Agent determines (which determination shall be conclusive, absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of “Adjusted LIBOR” in Section 1.02 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for LIBOR Loans as provided herein; or
(b) the Administrative Agent determines (which determination shall be conclusive, absent manifest error) that the relevant rates of interest referred to in the definition of “Adjusted LIBOR” in Section 1.02 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined are not sufficient to adequately cover the cost to the Lenders of making or maintaining LIBOR Loans; then the Administrative Agent shall give the Borrower prompt notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional LIBOR Loans.
Limitation on LIBOR Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of any LIBOR Rate for any Interest Period:
(i) the Agent determines (which determination shall be conclusive, absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "LIBOR Rate" in Section 1.02 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for LIBOR Loans as provided herein; or
(ii) the Agent determines (which determination shall be conclusive, absent manifest error) that the relevant rates of interest referred to in the definition of "LIBOR Rate" in Section 1.02 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined are not sufficient to adequately cover the cost to the Lenders of making or maintaining LIBOR Loans; then the Agent shall give the Borrower prompt notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional LIBOR Loans.
Limitation on LIBOR Loans. 30 Section 5.03 Illegality............................................................................30 Section 5.04 Base Rate Loans Pursuant to Sections 5.01, 5.02 and 5.03..............................30 Section 5.05 Compensation..........................................................................31
Limitation on LIBOR Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of any LIBOR Rate for any designated Interest Period for a LIBOR Rate Loan request the Agent reasonably determines in good faith that 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 relevant maturities for purposes of determining rates of interest for LIBOR Rate Loans as provided herein, then the Agent shall give Borrowers prompt written notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional or other LIBOR Rate Loans.
Limitation on LIBOR Loans. If on or prior to the first day of any Interest Period for any Libor Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, (i) adequate and reasonable means do not exist for ascertaining the Libor Base Rate for such Interest Period or (ii) deposits (whether in US Dollars or an Alternative Currency) are not being offered to banks and the applicable offshore interbank market for such currency for the applicable amount and Interest Period of such Loan; or
(b) the Agent or the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Libor Base Rate will not adequately and fairly reflect the cost to the Lenders of funding Libor Loans (whether denominated in US Dollars or an Alternative Currency) for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the amounts or periods, and so long as such condition remains in effect, (i) the Lenders shall be under no obligation to make additional Libor Loans available to the Borrower, Continue Libor Loans or to Convert Base Rate Loans into Libor Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Libor Loans, either prepay such Libor Loans or Convert such Libor Loans into Base Rate Loans in accordance with the terms of this Agreement and (ii) the utilization of the Libor Base Rate component in determining the Base Rate shall be suspended.
Limitation on LIBOR Loans. Anything herein to the contrary notwithstanding, if, on or prior to the date on which all or any portion of a Loan is to be made or renewed as, or converted into, a LIBOR Loan:
(i) the Agent or any Lender shall have determined (which determination shall be conclusive) that quotations of interest rates for the relevant deposits are not being provided by the relevant Persons in the relevant amounts or for the relevant maturities for purposes of determining the rate of interest for such LIBOR Loans under this Credit Agreement, or
(ii) the Agent or any Lender determines that the rate of interest referred to in the definition of Adjusted LIBOR Rate in SECTION 1.1 hereof upon the basis of which the rate of interest on any LIBOR Loan for such period is determined does not accurately reflect the cost to such Lender of making or maintaining such 43 LIBOR Loans for such period, then the Agent or such Lender shall give the Borrower and the other Lenders prompt notice thereof, and the obligations of all Lenders hereunder to make or renew any portion of the principal amount of any Loan as, or convert any portion of any Loan into, LIBOR Loans shall be suspended until the Agent shall notify the Lenders that the circumstances causing such suspension no longer exist.
Limitation on LIBOR Loans. Anything herein to the contrary notwithstanding, if, with respect to any LIBOR Loans Bank determines (which determination shall be conclusive) that the relevant rates of interest referred to in the definition of "LIBOR Rate" in Section 1 hereof upon the basis of which the rates of interest for such Revolving Loans are to be determined do not accurately reflect the cost to Bank of making or maintaining such Revolving Loans for Interest Periods therefor; then Bank shall promptly notify Borrower (in the same manner in which Bank notifies its other customers with LIBOR loan facilities), and so long as such condition remains in effect, Bank shall be under no obligation to make LIBOR Loans or to convert Prime Rate Loans into LIBOR Loans and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding LIBOR Loans, convert such Revolving Loans into Prime Rate Loans in accordance with Section 2.5(a) hereof.
Limitation on LIBOR Loans. 39 4.10 Procedures Regarding Payments ........................ 40 4.11 Payment Not at End of Interest Period ................ 41 4.12
Limitation on LIBOR Loans. The Company shall specify in the notice provided to the Bank for a borrowing, continuation or conversion of a LIBOR Loan the duration of each Interest Period for the LIBOR Loan, which may be for one, two or three calendar months. No more than six separate Interest Periods in respect of LIBOR Loans that are Revolving Credit Loans may be outstanding at any one time.
Limitation on LIBOR Loans. If, on or prior to the first day of any Interest Period for any LIBOR Loan:
(a) the Bank reasonably determines that, by reason of circumstances affecting the London interbank market, adequate and reasonable means do not exist for ascertaining the Adjusted LIBOR Rate for such Interest Period; or
(b) the Bank reasonably determines that the Adjusted LIBOR Rate will not adequately and fairly reflect the cost to the Bank of funding LIBOR Loans for such Interest Period; then the Bank shall give the Borrower prompt notice thereof setting forth in reasonable detail the basis for the Bank's determination and so long as such condition remains in effect, the Bank shall be under no obligation to make additional LIBOR Loans, Continue LIBOR Loans, or to Convert CD Loans into LIBOR Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding LIBOR Loans, either prepay such Loans or Convert such Loans into CD Loans in accordance with the terms of this Agreement.
