Market disturbance. Notwithstanding anything to the contrary in this Agreement, if prior to the commencement of any Pre-Delivery Interest Period or any Interest Period pursuant to Clause 5.3.1 the Agent shall determine in good faith (which determination shall be conclusive and binding on the parties hereto) that: 6.1.1 by reason of circumstances affecting the relevant interbank eurocurrency market adequate and fair means do not exist for ascertaining the Floating Interest Rate during such Pre-Delivery Interest Period or Interest Period pursuant to Clause 5; or 6.1.2 deposits in Dollars or Euro (as the case may be) of equal duration to such Pre-Delivery Interest Period or Interest Period will not be available to any of the Lenders in the relevant interbank eurocurrency market in sufficient amounts in the ordinary course of business to fund its Contribution during such Pre-Delivery Interest Period or Interest Period; or 6.1.3 by reason of any material change in applicable law or regulation or of any change in national or international financial or economic conditions any of the Lenders is unable to fund or to continue to fund its Contribution during such Pre-Delivery Interest Period or Interest Period by deposits obtained in the relevant interbank eurocurrency market, then the Agent shall promptly give a notice (being a Suspension Notice), containing full particulars thereof in reasonable detail to the Borrower.
Appears in 2 contracts
Samples: Secured Loan Agreement (NCL CORP Ltd.), Secured Loan Agreement (NCL CORP Ltd.)
Market disturbance. Notwithstanding anything to the contrary in this Agreement, if prior to the commencement of any Pre-Delivery Redelivery Interest Period or any Interest Period pursuant to Clause 5.3.1 the Agent shall determine in good faith (which determination shall be conclusive and binding on the parties hereto) that:
6.1.1 by reason of circumstances affecting the relevant interbank eurocurrency market adequate and fair means do not exist for ascertaining the Floating Interest Rate during such Pre-Delivery Redelivery Interest Period or Interest Period pursuant to Clause 5; or
6.1.2 deposits in Dollars or Euro (as the case may be) of equal duration to such Pre-Delivery Redelivery Interest Period or Interest Period will not be available to any of the Lenders in the relevant interbank eurocurrency market in sufficient amounts in the ordinary course of business to fund its Contribution during such Pre-Delivery Redelivery Interest Period or Interest Period; or
6.1.3 by reason of any material change in applicable law or regulation or of any change in national or international financial or economic conditions any of the Lenders is unable to fund or to continue to fund its Contribution during such Pre-Delivery Redelivery Interest Period or Interest Period by deposits obtained in the relevant interbank eurocurrency market, then the Agent shall promptly give a notice (being a Suspension Notice), containing full particulars thereof in reasonable detail to the Borrower.
Appears in 2 contracts
Samples: Secured Loan Agreement (NCL CORP Ltd.), Secured Loan Agreement (NCL CORP Ltd.)