Common use of Special LIBO Rate Provisions Clause in Contracts

Special LIBO Rate Provisions. The following provisions apply with respect to Adjusted LIBO Rates (notwithstanding any other provision hereof). a. Change in Adjusted LIBO Rate. Any Adjusted LIBO Rate may be prospectively adjusted by a particular Lender from time to time to account for any additional or increased cost of maintaining any necessary reserves for Eurodollar deposits (including any increase in the Reserve Percentage) or any increased costs due to changes in the applicable law occurring subsequent to the commencement of the then-applicable Interest Period. Such Lender will give Administrative Agent notice of any such determination and adjustment within a reasonable period of time thereafter. Upon receipt of such notice, Administrative Agent will provide a copy thereof to Borrowers, and (upon written request) such Lender will furnish a statement to Administrative Agent and Borrowers setting forth the basis and the method for determining the amount of such adjustment. A determination by any Lender hereunder will be conclusive absent manifest error. If any Lender provides any such notice of adjustment, then Borrowers may elect to change the then-applicable Rate Index (using the same Rate Margin category) to the Prime Rate for any Portion then subject to an Adjusted LIBO Rate. Such election to change the Rate Index must be made by providing Administrative Agent written notice thereof at any time within 10 Business Days after receipt of such notice of adjustment (notwithstanding any restriction hereunder limiting Rate Index changes to certain dates, but subject to the requirement to pay all associated costs therewith). Upon Administrative Agent's receipt of any such written election, the identified Portion will thereupon begin to accrue interest at the Prime Rate plus the Rate Margin (as applicable for the same Leverage Ratio as previously was applicable for the Adjusted LIBO Rate) for the remainder of the then-current Interest Period for such Portion.

Special LIBO Rate Provisions. The following provisions apply with respect to Adjusted LIBO Rates rates (notwithstanding any other provision hereof).): a. Change in Adjusted LIBO Rate. Any Adjusted LIBO Rate may be prospectively adjusted by a particular Lender from time to time to account for any additional or increased cost of maintaining any necessary reserves for Eurodollar deposits (including any increase in the Reserve Percentage) or any increased costs due to changes in the applicable law occurring subsequent to the commencement of the then-applicable Interest Period. Such Lender will give Administrative Agent notice of any such determination and adjustment within a reasonable period of time thereafter. Upon receipt of such notice, Administrative Agent will provide a copy thereof to Borrowers, and (upon written request) such Lender will furnish a statement to Administrative Agent and Borrowers setting forth the basis and the method for determining the amount of such adjustment. A determination by any Lender hereunder will be conclusive absent manifest error. If any Lender provides any such notice of adjustment, then Borrowers may elect to change the then-applicable Rate Index (using the same Rate Margin category) to the Prime Rate for any Portion then subject to an Adjusted LIBO Rate. Such election to change the Rate Index must be made by providing Administrative Agent written notice thereof at any time within 10 Business Days after receipt of such notice of adjustment (notwithstanding any restriction hereunder limiting Rate Index changes to certain dates, but subject to the requirement to pay all associated costs therewith). Upon Administrative Agent's receipt of any such written election, the identified Portion will thereupon begin to accrue interest at the Prime Rate plus the Rate Margin (as applicable for the same Leverage Ratio as previously was applicable for the Adjusted LIBO Rate) for the remainder of the then-current Interest Period for such Portion.

Special LIBO Rate Provisions. The following provisions will apply with respect to the Adjusted LIBO Rates (Rate, notwithstanding any other provision hereof).: a. Change in Adjusted CHANGE IN ADJUSTED LIBO RateRATE. Any The Adjusted LIBO Rate may be prospectively automatically adjusted by a particular any Lender from time to time on a prospective basis to account for any additional or increased cost of maintaining any necessary reserves for Eurodollar deposits (including including, without limitation, any increase in the Reserve Percentage) or any increased costs due to changes in the applicable law occurring subsequent to the commencement of the then-applicable Adjusted LIBO Rate Interest Period. Such Lender will give Administrative Agent notice of any such determination and adjustment within a reasonable period of time thereafter. Upon receipt of any such notice, Administrative Agent will provide a copy thereof to BorrowersBorrower, and (upon written request) AND such Lender will furnish a statement to Administrative Agent and Borrowers Borrower setting forth the basis for adjusting such Adjusted LIBO Rate and the method for determining the amount of such adjustment. A determination by any Lender hereunder will be conclusive absent manifest error. If any Lender provides any such notice of adjustmentadjustment under this Subsection, then Borrowers THEN Borrower may elect to change the then-applicable Rate Index (using the same Rate Margin category) to the Prime Rate for any Portion then subject to an Adjusted LIBO Rate. Such election to change the Rate Index must may be made by providing Administrative Agent written notice thereof at any time within 10 the first ten (10) Business Days after receipt of such the notice of adjustment from such Lender through Administrative Agent (notwithstanding any the restriction hereunder limiting such Rate Index changes to certain dates, but BUT subject to the requirement to pay all associated actual costs therewithincurred by such Lender as described in Section 1.1.6.5.e hereof). Upon Administrative Agent's receipt of any such written election, the identified Portion will thereupon begin to accrue interest at the Prime Rate plus the Rate Margin (as applicable for the same Leverage Ratio level as was previously was applicable for the Adjusted LIBO Rate) for the remainder of the then-current Interest Period for such Portion. NOTWITHSTANDING THE FOREGOING, no Lender shall be entitled to adjust the Adjusted LIBO Rate under this Clause "a" to account for such additional or increased costs to the extent that such Lender has already been compensated for such additional or increased cost pursuant to Section 4.13 hereof.

Special LIBO Rate Provisions. The following provisions will apply with respect to the Adjusted LIBO Rates (Rate, notwithstanding any other provision hereof).: a. Change in Adjusted LIBO Rate. Any The Adjusted LIBO Rate may be prospectively automatically adjusted by a particular Lender from time to time on a prospective basis to account for any additional or increased cost of maintaining any necessary reserves for Eurodollar deposits (including including, without limitation, any increase in the Reserve Percentage) or any increased costs due to changes in the applicable law occurring subsequent to the commencement of the then-applicable Adjusted LIBO Rate Interest Period. Such Lender will give Administrative Agent Borrower notice of any such determination and adjustment within a reasonable period of time thereafter. Upon receipt of such notice, Administrative Agent will provide a copy thereof to Borrowers, and (upon written request) such Lender will furnish a statement to Administrative Agent and Borrowers setting forth the basis for adjusting such Adjusted LIBO Rate and the method for determining the amount of such adjustment. A determination by any Lender hereunder will be conclusive absent manifest error. If any Lender provides any such notice of adjustmentadjustment under this Subsection, then Borrowers Borrower may elect to change the then-applicable Rate Index (using the same Rate Margin category) to the Prime Rate for any Portion then subject to an Adjusted LIBO Rate. Such election to change the Rate Index must may be made by providing Administrative Agent Lender written notice thereof at any time within the first 10 Business Days after receipt of such the notice of adjustment from Lender (notwithstanding any the restriction hereunder limiting such Rate Index changes to certain dates, but subject to the requirement to pay all associated actual costs therewithincurred by Lender as described in Section 1.1.6.5.e hereof). Upon Administrative AgentLender's receipt of any such a written election, the identified Portion will thereupon begin to accrue interest at the Prime Rate plus the Rate Margin (as applicable for the same Leverage Ratio level as was previously was applicable for the Adjusted LIBO Rate) for the remainder of the then-current Interest Period for such Portion.

Special LIBO Rate Provisions. The following provisions will apply with respect to the Adjusted LIBO Rates (Rate, notwithstanding any other provision hereof).: a. Change in Adjusted LIBO Rate. Any The Adjusted LIBO Rate applicable to any Lender's Pro Rata share of any Portion may be prospectively automatically adjusted by a particular such Lender from time to time on a prospective basis to account for any additional or increased cost to such Lender of maintaining any necessary reserves for Eurodollar deposits (including including, without limitation, any increase in the Reserve Percentage) or any increased costs due to changes in the applicable law (except for increased costs consisting of Excluded Taxes) occurring subsequent to the commencement of the then-applicable Adjusted LIBO Rate Interest PeriodPeriod (to the extent not otherwise given effect in determining the Adjusted LIBO Rate). Such Lender will give Administrative Agent notice of any such determination and adjustment within a reasonable period of time thereafter. Upon receipt of any such notice, Administrative Agent will provide a copy thereof to BorrowersBorrower, and (upon written request) such Lender will furnish a statement to Administrative Agent and Borrowers Borrower setting forth the basis for adjusting such Adjusted LIBO Rate and the method for determining the amount of such adjustment. A determination by any Lender hereunder will be conclusive absent manifest error. If any Lender provides any such notice of adjustmentadjustment under this subsection, then Borrowers Borrower may elect to change the then-applicable Rate Index (using the same Rate Margin category) to the Prime Rate for any such Lender's Pro Rata share of such Portion then subject to an Adjusted LIBO Rate. Such election to change the Rate Index must may be made by providing Administrative Agent written notice thereof at any time within 10 the first ten (10) Business Days after receipt of such the notice of adjustment from such Lender through Administrative Agent (notwithstanding any the restriction hereunder limiting such Rate Index changes to certain dates, but subject to the requirement to pay all associated actual costs therewithincurred by such Lender as described in Section 1.1.6.5.e hereof). Upon Administrative Agent's receipt of any such written election, the identified Portion will thereupon begin to accrue interest at the Prime Rate plus the Rate Margin (as applicable for the same Leverage Ratio level as was previously was applicable for the Adjusted LIBO Rate) for the remainder of the then-current Interest Period for such Portion. Notwithstanding the foregoing, no Lender shall be entitled to adjust the Adjusted LIBO Rate under this Clause "a" to account for such - additional or increased costs to the extent that such Lender has already been compensated for such additional or increased cost pursuant to Section 1.5.4 or Section 4.13 hereof.