Special Provisions Governing LIBOR Rate Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Rate Loans as to the matters covered:
Special Provisions Governing LIBOR Rate Loans. Notwithstanding anything to the contrary contained in this Agreement, the following provisions shall govern with respect to LIBOR Rate Loans as to the matters covered:
(a) Determination of Interest Period. By giving notice as set forth in Sections 2.3 or 4.3(b), as the case may be, the Funds Administrator shall, subject to the other provisions of this Section 4.4 specify whether the Interest Period applicable to any requested LIBOR Rate Loan shall be a one-month, three-month or six-month period. The determination of Interest Periods shall be further subject to the following provisions: (i) in the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the immediately preceding Interest Period expires; (ii) if any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; (iii) the Funds Administrator may not select an Interest Period for the Term Loan which terminates later than the Final Maturity Date or for any Revolving Loan which terminates later than the Revolving Loan Termination Date then in effect; (iv) the Funds Administrator may not select an Interest Period with respect to any portion of principal of a Loan which extends beyond a date on which Borrowers could reasonably be expected to be required to make a mandatory payment or prepayment of that portion of principal; (v) any Interest Period which begins on a day for which there is no numerically corresponding day in the calendar month during which such Interest Period is to end shall (subject to clause (ii) above) end on the first Business Day following the last day of such calendar month; and (vi) there shall be no more than four (4) LIBOR Rate Loans in effect at any one time.
Special Provisions Governing LIBOR Rate Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Rate Loans as to the matters covered:
(a) As soon as practicable after 11:00 a.m. (Chicago time) on each LIBOR Rate Determination Date, the Agent shall determine (which determination shall, absent manifest error, be final, conclusive and binding upon all parties) the interest rate that shall apply to the LIBOR Rate 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 the Borrower and each Lender.
(b) If the Required Lenders determine (which determination shall be final and conclusive and binding upon all parties) that:
(i) adequate and fair means do not exist for ascertaining the applicable interest rate by reference to the LIBOR Rate with respect to the LIBOR Rate Loans as to which an interest rate determination is then being made; or
(ii) the LIBOR Rate does not accurately or fairly reflect the cost of making or maintaining LIBOR Rate Loans; or
(iii) deposits of a type and maturity appropriate to match fund LIBOR Rate Loans are not available; or
(iv) maintenance of LIBOR Rate Loans would violate any applicable law, rule, regulation or directive, whether or not having the force of law; then, and in any such event, promptly after being notified of a borrowing, conversion or continuation, such Lender shall give notice (in writing or by telephone confirmed in writing) to the Borrower and the Agent (which notice the Agent shall promptly transmit to each other Lender) of such determination, and the Agent shall suspend the availability of LIBOR Rate Loans until such circumstance no longer exists and require any LIBOR Rate Loans to be repaid and Borrower shall repay or prepay the LIBOR Rate Loans, together with all interest accrued thereon. Prior to giving any such notice under this subsection 2.21(b), the affected Lenders shall designate a different lending office with respect to its LIBOR Loans if such designation will avoid the need for giving such notice or making such demand and will not, in the judgment of the Lender, be illegal or otherwise disadvantageous to the Lender.
(c) The Borrower shall indemnify the Agent and each Lender, upon written request (which request shall set forth in reasonable detail the basis for requesting such amounts and which shall, absent manifest error, be presumed correct...
Special Provisions Governing LIBOR Rate Loans. Increased Costs; Taxes; Capital Adequacy...........................................45 2.8
Special Provisions Governing LIBOR Rate Loans. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall govern with respect to LIBOR Rate 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) on each Interest Rate Determination Date, Administrative Agent shall determine (which determination shall, absent manifest error, be conclusive and binding upon all parties) the interest rate that shall apply to the LIBOR Rate 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 Borrower and each Lender.
Special Provisions Governing LIBOR Rate Loans. 10 (a) LIBOR Rate Loan Interest Periods..................10 (b)
Special Provisions Governing LIBOR Rate Loans. Required Termination and Repayment of LIBOR Rate Loans..................................... 2.7 Taxes............................................. 2.8 Fees.............................................. 2.9
Special Provisions Governing LIBOR Rate Loans. 20 3.3.1 Determination of Interest Rate. 20 3.3.2 Substituted Rate of Borrowing. 20 3.3.3 Required Termination and Prepayment. 21 3.3.4. Options of Borrower. 21 3.3.5 Compensation. 22 3.3.6 LIBOR Rate Taxes. 22 3.3.7 Booking of LIBOR Rate Loans. 23 3.3.8 Assumptions Concerning Funding of LIBOR Rate Loans. 24 3.3.9 LIBOR Rate Loans After Default. 24
Special Provisions Governing LIBOR Rate Loans. Notwithstanding other provisions of this Loan Agreement to the contrary, if any, if on any date on which the LIBOR Rate would 25 [SECOND AMENDED AND RESTATED REVOLVING CREDIT LOAN AGREEMENT]
Special Provisions Governing LIBOR Rate Loans. Increased Costs; Taxes; Capital Adequacy........................ 45 2.8 Obligation of Lenders and Issuing Lender to Mitigate............ 49 2.9 Guaranties of and Security for the Obligations; Subrogation..
