Special Provisions Governing LIBOR Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Loans as to the matters covered:
Special Provisions Governing LIBOR Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Loans as to the matters covered:
A. Applicable Interest Rate Not Determinable or Unfair. If, by reason of circumstances affecting the interbank LIBOR market, (i) the Administrative Agent shall have determined (which determination shall be final and conclusive and binding upon all parties hereto) that adequate and reasonable means do not exist for ascertaining the interest rate applicable to LIBOR Loans for any Interest Period on the basis provided for in the definition of LIBOR (including, without limitation, because the LIBOR Screen Rate is not available or published on a current basis) or (ii) the Requisite Lenders shall determine (and notify the Administrative Agent) prior to the first day of any Interest Period that the LIBOR, as determined by the Administrative Agent, will not fairly and adequately reflect the cost to such Lenders of funding or maintaining their respective LIBOR Loans for such Interest Period, then the Administrative Agent shall promptly give notice (by telecopy or by telephone confirmed in writing) to the Borrower and each Lender of such determination, whereupon (a) no Loans may be made as, or converted to, LIBOR Loans until such time as the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such determination no longer exist and any such LIBOR Loans shall be repaid on the last day of the then current Interest Period applicable thereto, and (b) any Notice of Borrowing or Conversion/Continuation Notice given by the Borrower with respect to the Loans in respect of which such determination was made shall be deemed to be made, continued, or converted as the case may be, as a Base Rate Loan.
Special Provisions Governing LIBOR Loans. 15 3.4. Taxes ............................................................... 16
Special Provisions Governing LIBOR Loans. 4.3.1. [Reserved]
4.3.2. [Reserved]
Special Provisions Governing LIBOR Loans. 48 2.7 Increased Costs; Taxes; Capital Adequacy........................ 51
Special Provisions Governing LIBOR Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Loans as to the matters covered:
A. Determination of Applicable Interest Rate. As soon as practicable after 10:00 A.M. (New York City time), or, in the case of Sterling Loans, 11:00 A.M. (London time), on each Interest Rate Determination Date, Administrative Agent shall determine (which determination shall, absent clearly demonstrable error, be final, conclusive and binding upon all parties) the interest rate that shall apply to LIBOR Loans for which an interest rate is then being determined for the applicable Interest Period and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to Company, the applicable U.K. Borrower (in the case of Sterling Loans) and each Lender.
Special Provisions Governing LIBOR Loans of the Credit Agreement is hereby amended by inserting the following text at the end of subsection 2.6D: “; provided that no amounts shall be payable under this Subsection 2.6D as a result of (i) the making of, or conversion of Tranche B Term Loans into, Tranche B1 Term Loans or (ii) the prepayment or repayment of any Tranche B Term Loans, in each case pursuant to the terms of First Amendment.”.
Special Provisions Governing LIBOR Loans. 21 3.5. All Loans to Constitute One Obligation............................22 Section 4. PAYMENTS..........................................................22
Special Provisions Governing LIBOR Loans. 11 2.8.1 Determination of Interest Rate................................................................. 11 2.8.2 Interest Rate Unascertainable, Inadequate or Unfair............................................ 12 2.9 Illegality..................................................................................... 12 2.10 Compensation................................................................................... 12 2.11
Special Provisions Governing LIBOR Loans. 11 2.8.1 DETERMINATION OF INTEREST RATE . . . . . . . . . . . . . . . . . 11 2.8.2 INTEREST RATE UNASCERTAINABLE, INADEQUATE OR UNFAIR. . . . . . . 12 2.9 ILLEGALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.10 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.11
