Common use of Market Disruption; Alternate Rate of Interest Clause in Contracts

Market Disruption; Alternate Rate of Interest. (a) If at the time that the Administrative Agent shall seek to determine the relevant Screen Rate on the Quotation Date for any Interest Period for a Borrowing of Fixed Rate Loans the applicable Screen Rate shall not be available for such Interest Period and/or for the applicable currency with respect to such Borrowing for any reason and the Administrative Agent shall determine that it is not possible to determine the Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error), then the applicable Reference Bank Rate shall be the Fixed Rate for such Interest Period for such Borrowing; provided, that if the Reference Bank Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement; provided, further, however, that if less than two Reference Banks shall supply a rate to the Administrative Agent for purposes of determining the Fixed Rate for such Borrowing, (A) if such Borrowing shall be requested in Dollars, then such Borrowing shall be made as an ABR Borrowing at the Alternate Base Rate and (B) if such Borrowing shall be requested in any Foreign Currency, the Foreign Currency Rate shall be equal to the cost to each Lender to fund its pro rata share of such Borrowing (from whatever source and using whatever methodologies as such Lender may select in its reasonable discretion) (such rate, the “CF Rate”).

Market Disruption; Alternate Rate of Interest. (a) If If, at the time that the Administrative Applicable Agent shall seek to determine the relevant Screen Rate on the Quotation Date Day for any Interest Period for a Borrowing of Fixed Rate Loans Period, the applicable Screen Rate shall not be available for such Interest Period and/or for the applicable currency with respect to such Borrowing for any reason and the Administrative Applicable Agent shall determine that it is not possible to determine the Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error), then the applicable Reference Bank LIBO Rate, EURIBO Rate shall be or CDOR Rate, as the Fixed Rate case may be, for such Interest Period for such Borrowingthe relevant Borrowing shall be the applicable Reference Bank Rate; provided, that if the any Reference Bank Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement; provided, further, however, that if less than two Reference Banks shall supply a rate to the Administrative Applicable Agent for purposes of determining the Fixed Rate such rate for such Borrowing, (Ai) if such Borrowing shall be requested in US Dollars, then such Borrowing shall be made as an ABR Borrowing, (ii) if such Borrowing at the Alternate Base shall be requested in Canadian Dollars, then such Borrowing shall be made as a Canadian Prime Rate Borrowing and (Biii) if such Borrowing shall be requested in any Foreign Currencyother currency, the Foreign Currency Rate such rate shall be equal to the cost to each Lender to fund its pro rata share of such Borrowing in such currency (from whatever source and using whatever methodologies as such Lender may select in its reasonable discretion) (; such rate, the “CF COF Rate”).

Market Disruption; Alternate Rate of Interest. (a) If If, at the time that the Administrative Applicable Agent shall seek to determine the relevant Screen Rate on the Quotation Date Day for any Interest Period for a Borrowing of Fixed Rate Loans Period, the applicable Screen Rate shall not be available for such Interest Period and/or for the applicable currency with respect to such Borrowing for any reason and the Administrative Applicable Agent shall determine that it is not possible to determine the Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error), then the applicable Reference Bank LIBO Rate, EURIBO Rate shall be or CDOR Rate, as the Fixed Rate case may be, for such Interest Period for such Borrowingthe relevant Borrowing shall be the applicable Reference Bank Rate; provided, that if the any Reference Bank Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement; provided, further, however, that if less than two Reference Banks shall supply a rate to the Administrative Applicable Agent for purposes of determining the Fixed Rate such rate for such Borrowing, (Ai) if such Borrowing shall be requested in US Dollars, then such Borrowing shall be made as an ABR Borrowing, (ii) if such Borrowing at the Alternate Base shall be requested in Canadian Dollars, then such Borrowing shall be made as a Canadian Prime Rate Borrowing and (Biii) if such Borrowing shall be requested in any Foreign Currencyother currency, the Foreign Currency Reference Bank Rate shall be equal to the cost to each Lender to fund its pro rata share of such Borrowing in such currency (from whatever source and using whatever methodologies as such Lender may select in its reasonable discretion) (; such rate, the “CF COF Rate”).. 55

Market Disruption; Alternate Rate of Interest. (a) If If, at the time that the Administrative Applicable Agent shall seek to determine the relevant Screen Rate on the Quotation Date Day for any Interest Period for a Borrowing of Fixed Rate Loans Period, the applicable Screen Rate shall not be available for such Interest Period and/or for the applicable currency with respect to such Borrowing for any reason and the Administrative Applicable Agent shall determine that it is not possible to determine the Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error), then the applicable Reference Bank LIBO Rate, EURIBO Rate shall be or CDOR Rate, as the Fixed Rate case may be, for such Interest Period for such Borrowingthe relevant Borrowing shall be the applicable Reference Bank Rate; provided, that if the any Reference Bank Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement; provided, further, however, that if less than two Reference Banks shall supply a rate to the Administrative Applicable Agent for purposes of determining the Fixed Rate such rate for such Borrowing, (Ai) if such Borrowing shall be requested in US Dollars, then such Borrowing shall be made as an ABR Borrowing, (ii) if such Borrowing at the Alternate Base shall be requested in Canadian Dollars, then such Borrowing shall be made as a Canadian Prime Rate Borrowing and (Biii) if such Borrowing shall be requested in any Foreign Currencyother currency, the Foreign Currency Reference Bank Rate shall be equal to the cost to each Lender to fund its pro rata share of such Borrowing in such currency (from whatever source and using whatever methodologies as such Lender may select in its reasonable discretion) (; such rate, the “CF COF Rate”).

Market Disruption; Alternate Rate of Interest. (a) If If, at the time that the Administrative Agent shall seek to determine the relevant Screen Rate on the Quotation Date Day for any Interest Period for a Borrowing of Fixed Rate Loans Period, the applicable Screen Rate shall not be available for such Interest Period and/or for the applicable currency with respect to such Borrowing for any reason and the Administrative Agent shall determine that it is not possible to determine the Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error), then the applicable Reference Bank LIBO Rate, EURIBO Rate shall be or CDOR Rate, as the Fixed Rate case may be, for such Interest Period for such Borrowingthe relevant Borrowing shall be the Reference Bank Rate; provided, provided that if the Reference Bank Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement; provided, further, however, that if less than two Reference Banks shall supply a rate to the Administrative Agent for purposes of determining the Fixed Rate such rate for such Borrowing, (Ai) if such Borrowing shall be requested in U.S. Dollars, then such Borrowing shall be made as an ABR Borrowing, (ii) if such Borrowing at the Alternate Base shall be requested in Canadian Dollars, then such Borrowing shall be made as a Canadian Prime Rate Borrowing and (Biii) if such Borrowing shall be requested in any Foreign Currencyother currency, the Foreign Currency Rate request for such Borrowing shall be equal to the cost to each Lender to fund its pro rata share of such Borrowing (from whatever source and using whatever methodologies as such Lender may select in its reasonable discretion) (such rate, the “CF Rate”)ineffective.