Nonavailability of Funds. If the Facility Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the Applicable Rate, the Facility Agent shall give notice of such determination to the Borrowers and the Lenders. The Borrowers, the Facility Agent and the Majority Lenders shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate to be substituted for that which would otherwise have applied under this Agreement. If the Borrowers, the Facility Agent and the Majority Lenders are unable to agree upon such a substituted interest rate within thirty (30) days of the giving of such determination notice, the Facility Agent shall set an interest rate to take effect at the Facility Agent's direction, which rate shall be equal to the Margin plus the cost to the Lenders (as certified by each Lender) of funding the Facility.
Nonavailability of Funds. If the Administrative Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the Applicable Rate for any Advance for any Interest Period, the Administrative Agent shall give notice of such determination to the Borrower. The Borrower and the Agents shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and/or Interest Period to be substituted for those which would otherwise have applied under this Agreement. If the Borrower and the Agents are unable to agree upon such a substituted interest rate and/or Interest Period within thirty (30) days of the giving of such determination notice, the Agents shall set an interest rate and Interest Period to take effect from the expiration of the Interest Period in effect at the date of determination, which rate shall be equal to the Margin plus the cost to the Lenders (as certified by each Lender) of funding such Advance. In the event the state of affairs referred to in this Section 11.3 shall extend beyond the end of the Interest Period, the foregoing procedure shall continue to apply until circumstances are such that the Applicable Rate may be determined pursuant to Section 6.
Nonavailability of Funds. If the Administrative Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the Applicable Rate for the Facility for any Interest Period, the Administrative Agent shall give notice of such determination to the Borrowers. The Majority Lenders shall then determine the interest rate and/or Interest Period to be substituted for those which would otherwise have applied under this Credit Facility Agreement. If the Majority Lenders are unable to agree upon such a substituted interest rate and/or Interest Period within thirty (30) days of the giving of such determination notice, the Administrative Agent shall set an interest rate and Interest Period to take effect from the expiration of the Interest Period in effect at the date of determination, which rate shall be equal to the Margin plus the cost to the Lenders (as certified by each Lender) of funding the Facility. In the event the state of affairs referred to in this Section 11.3 shall extend beyond the end of the Interest Period, the foregoing procedure shall continue to apply until circumstances are such that the Applicable Rate may be determined pursuant to Section 6.
Nonavailability of Funds. 41 11.4 Lender's Certificate Conclusive......................................... 41 11.5
Nonavailability of Funds. 55 11.4 Agent's Certificate Conclusive....................... 55 11.5
Nonavailability of Funds. If the Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the LIBOR for any Interest Period, the Agent shall give notice of such determination to the Borrower. The Borrower and the Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and/or Interest Period to be substituted for LIBOR which would otherwise have applied under this Agreement. If the Borrower and Agent are unable to agree upon such a substituted interest rate and/or Interest Period within thirty (30) days of the giving of such determination notice, the Agent shall set an interest rate and Interest Period to take effect from the expiration of the Interest Period in effect at the date of determination, which rate shall be equal to the aggregate of (a) the cost to each Lender (as certified by such Lender) of funding the relevant Advance, (b) the then prevailing Margin and (c) in the case of Revolving Credit Facility Advances, one quarter of one percent (0.25%). In the event the state of affairs to which this Section 11.3 refers shall extend beyond the end of the Interest Period, the foregoing procedure shall continue to apply until circumstances are such that LIBOR may be determined pursuant to Section 6.
Nonavailability of Funds. If the Facility Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the Applicable Rate for the Facility for any Interest Period, the Facility Agent shall give notice of such determination to the Borrower. The Borrower, the Facility Agent and the Majority Lenders shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and/or Interest Period to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Facility Agent and the Majority Lenders are unable to agree upon such a substituted interest rate and/or Interest Period within five (5) Banking Days of the giving of such determination notice, the Facility Agent shall set an interest rate and Interest Period to take effect from the expiration of the Interest Period in effect at the date of determination, which rate shall be equal to the Applicable Margin plus the cost to the Lenders (as certified by each Lender) of funding the Facility. In the event the state of affairs referred to in this Section 11.3 shall extend beyond the end of the Interest Period, the foregoing procedure shall continue to apply until circumstances are such that the Applicable Rate may be determined pursuant to Section 6.
Nonavailability of Funds. Notwithstanding anything contained ------------------------ herein to the contrary, if Maker elects the Fixed Increment Rate to apply but Payee is unable for any reason to obtain funds in the amount of the Fixed Increment elected for the Fixed Period elected, interest on such Fixed Increment shall accrue at the Applicable Rate unless and until a new election of the Fixed Increment Rate is made by Maker and Payee is then able to obtain such funds.
Nonavailability of Funds. If the Agent shall determine that, by reason of circumstances affecting the London Interbank Market generally, adequate and reasonable means do not or will not exist for ascertaining the LIBOR for any Interest Period, the Agent shall give notice of such determination to the Borrower. The Borrower and the Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and/or Interest Period to be substituted for LIBOR which would otherwise have applied under this Agreement. If the Borrower and Agent are unable to agree upon such a substituted interest rate and/or Interest Period within thirty (30) days of the giving of such determination notice, the Agent shall set an interest rate and Interest Period to take effect from the expiration of the Interest Period in effect at the date of determination, which rate shall be equal to the aggregate of (a) the cost to each Lender (as certified by such Lender) of funding the relevant Advance, (b) the then prevailing Margin and (c) in the case of Revolving Credit Facility Advances, one quarter of one percent (0.25%). In
Nonavailability of Funds. The Lessor understands that funding of LTO Orders placed under this Agreement is subject to the future availability of annually appropriated, apportioned, and allotted funds under Contract DE-AC02-06CH11357 or a successor prime operating contract and that this Agreement must be made and administered consistent with 31 United States Code (U.S.C.) 1341 and 41 U.S.C. 11. Accordingly, funding of lease costs for LTO Orders placed under this Agreement shall be provided on a fiscal year basis, subject to a determination by UChicago Argonne, LLC that sufficient appropriated and apportioned funds are available to be allotted for such costs. UChicago Argonne, LLC agrees to give written notice, not later than 30 days after the beginning of each successive fiscal year, indicating that funds for that fiscal year, which may be lawfully applied to an LTO Order, are available. Such funds shall be applied to continue the LTO Order, subject to the availability of funds. In the event that no funds are appropriated and/or apportioned, or a determination is not made by UChicago Argonne, LLC that sufficient funds are available to continue an LTO Order and no written notice of availability of funds is made within the time prescribed, then the affected LTO Order shall end on the last day of the current fiscal year which funding is provided without penalty or expense of any kind to UChicago Argonne, LLC. If funding previously available for an LTO Order is withdrawn during the current fiscal year as a result of budgetary action by the Office of Management and Budget or by Congress, UChicago Argonne, LLC will notify the Lessor of this occurrence and may cancel the LTO Order upon two weeks notice to the Lessor. Such cancellation shall be without penalty to UChicago Argonne, LLC. Upon cancellation of an LTO Order and upon written direction from the Lessor, UChicago Argonne, LLC shall deliver the Equipment to the Lessor within the Continental United States consistent with the terms and conditions of this Agreement.
