Common use of Market for Bankers’ Acceptances Clause in Contracts

Market for Bankers’ Acceptances. In the event that at any time subsequent to the giving of a Notice of Borrowing or Notice of Conversion/Rollover to Administrative Agent by Company with regard to any requested Bankers’ Acceptances, but before the date of the borrowing, Rollover or Conversion, as the case may be, the Administrative Agent makes a determination, which shall be conclusive and binding upon Company, absent manifest error, that there no longer exists an active market for Bankers’ Acceptances then: (i) the right of Company to request Bankers’ Acceptances or BA Equivalent Advances from any Lender shall be suspended until Administrative Agent determines that the circumstances causing such suspension no longer exist, and so notifies Company; (ii) any outstanding Notice of Borrowing requesting a Loan by way of Bankers’ Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Borrowing requesting a Loan by way of Prime Rate Loans in the amount specified in the original Notice of Borrowing; (iii) any outstanding Notice of Conversion/Rollover requesting a Conversion of a Prime Rate Loan into Bankers’ Acceptances or BA Equivalent Advances shall be deemed to be revoked; and (iv) any outstanding Notice of Conversion/Rollover requesting a Rollover of Bankers’ Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Conversion/Rollover requesting a Conversion of such Loans into Prime Rate Loans. The Agent shall promptly notify Company and the Lenders of any suspension of Company’s right to request Bankers’ Acceptances or BA Equivalent Advances and of any termination of any such suspension.

Market for Bankers’ Acceptances. In the event that at any time subsequent to the giving of a Notice of Borrowing or Notice of Conversion/Rollover to Administrative Agent by Company with regard to any requested Bankers’ ' Acceptances, but before the date of the borrowing, Rollover or Conversion, as the case may be, the Administrative Agent makes a determination, which shall be conclusive and binding upon Company, absent manifest error, that there no longer exists an active market for Bankers’ ' Acceptances accepted by the Lenders then: (i) the right of Company to request Bankers’ ' Acceptances or BA Equivalent Advances from any Lender shall be suspended until Administrative Agent determines that the circumstances causing such suspension no longer exist, and so notifies Company; (ii) any outstanding Notice of Borrowing requesting a Loan by way of Bankers’ ' Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Borrowing requesting a Loan by way of Prime Rate Loans in the amount specified in the original Notice of Borrowing; (iii) any outstanding Notice of Conversion/Rollover requesting a Conversion of a Prime Rate Loan into Bankers’ ' Acceptances or BA Equivalent Advances shall be deemed to be revoked; and (iv) any outstanding Notice of Conversion/Rollover requesting a Rollover of Bankers’ ' Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Conversion/Rollover requesting a Conversion of such Loans into Prime Rate Loans. The Agent shall promptly notify Company and the Lenders of any suspension of Company’s 's right to request Bankers’ ' Acceptances or BA Equivalent Advances and of any termination of any such suspension.

Market for Bankers’ Acceptances. In the event that at any time subsequent to the giving of a Funding Notice of Borrowing or Notice of Conversion/Rollover Continuation Notice to Administrative Agent by Company with regard to any requested Bankers’ ' Acceptances, but before the date of the borrowing, Rollover or Conversion, as the case may be, the Administrative Agent makes a determination, which shall be conclusive and binding upon Company, absent manifest error, that there no longer exists an active market for Bankers’ ' Acceptances accepted by the Lenders then: (i) the right of Company to request Bankers’ ' Acceptances or BA Equivalent Advances from any Lender shall be suspended until Administrative Agent determines that the circumstances causing such suspension no longer exist, and so notifies Company; (ii) any outstanding Funding Notice of Borrowing requesting a Loan by way of Bankers’ ' Acceptances or BA Equivalent Advances shall be deemed to be a Funding Notice requesting a Loan by way of Prime Rate Loans in the amount specified in the original Funding Notice; (iii) any outstanding Conversion/Continuation Notice requesting a Conversion of a Prime Rate Loan into Bankers' Acceptances or BA Equivalent Advances shall be deemed to be revoked; and (iv) any outstanding Conversion/Continuation Notice requesting a Rollover of Bankers' Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Borrowing requesting a Loan by way of Prime Rate Loans in the amount specified in the original Notice of Borrowing; (iii) any outstanding Notice of Conversion/Rollover requesting a Conversion of a Prime Rate Loan into Bankers’ Acceptances or BA Equivalent Advances shall be deemed to be revoked; and (iv) any outstanding Continuation Notice of Conversion/Rollover requesting a Rollover of Bankers’ Acceptances or BA Equivalent Advances shall (unless revoked by Company before the Funding Date) be deemed to be a Notice of Conversion/Rollover requesting a Conversion of such Loans into Prime Rate Loans. The Administrative Agent shall promptly notify Company and the Lenders of any suspension of Company’s 's right to request Bankers’ ' Acceptances or BA Equivalent Advances and of any termination of any such suspension.