Statutory Reserves. For purposes of this definition, the term "Base LIBOR Rate" shall mean the rate (rounded to the nearest 1/8 of 1% or, if there is no nearest 1/8 of 1%, the next higher 1/8 of 1%) at which deposits of U.S. dollars approximately equal in principal amount to the LIBOR Portion and for a maturity equal to the applicable LIBOR Period are offered to the Bank in the London interbank foreign currency deposits market at approximately 11:00 a.m., London time, two (2) Banking Days prior to the commencement of such LIBOR Period, for delivery on the first day of such LIBOR Period. Each determination by the Bank of any LIBOR Rate shall, in the absence of manifest error, be conclusive, and at the Company's request, the Bank shall demonstrate the basis for such determination.
Appears in 3 contracts
Samples: Third Amendment Agreement (Versicor Inc /Ca), Loan Agreement (Versicor Inc /Ca), Second Amendment Agreement (Versicor Inc /Ca)
Statutory Reserves. For purposes of this definition, the term "Base LIBOR Rate" shall mean the rate (rounded to the nearest 1/8 of 1% or, if there is no nearest 1/8 of 1%, the next higher 1/8 of 1%) at which deposits of U.S. dollars approximately equal in principal amount to the LIBOR Portion and for a maturity equal to specified in the applicable LIBOR Period Request are offered to the Bank Bank, in the London interbank foreign currency deposits market at approximately 11:00 a.m., London time, two (2) Banking Business Days prior to the commencement of such LIBOR Period, for delivery on the first day of such LIBOR Period. Each determination by the Bank Lender of any LIBOR Rate shall, shall in the absence of manifest error, be conclusive, and at the CompanyBorrower's request, the Bank Lender shall demonstrate the basis for of such determination.
Appears in 2 contracts
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn), Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Statutory Reserves. For purposes of this definition, the term "Base BASE LIBOR RateRATE" shall mean the rate (rounded to the nearest 1/8 of 1% or, if there is no nearest 1/8 of 1%, the next higher 1/8 of 1%) at which deposits of U.S. dollars approximately equal in principal amount to the LIBOR Portion and for a maturity equal to the applicable LIBOR Period are offered to the Bank in the London interbank foreign currency deposits market at approximately 11:00 a.m., London time, two (2) Banking Days prior to the commencement of such LIBOR Period, for delivery on the first day of such LIBOR Period. Each determination by the Bank of any LIBOR Rate shall, in the absence of manifest error, be conclusive, and at the Company's request, the Bank shall demonstrate the basis for such determination.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Sepracor Inc /De/)
Statutory Reserves. For purposes of this definition, the term "Base LIBOR Rate" shall mean the rate (rounded to the nearest 1/8 1/100 of 1% or, if there is no nearest 1/8 1/100 of 1%, the next higher 1/8 1/100 of 1%) at which deposits of U.S. dollars approximately equal in principal amount to the LIBOR Portion and for a maturity equal to the applicable LIBOR Period are offered to the Bank in the London interbank foreign currency deposits market at approximately 11:00 a.m., London time, two (2) Banking Days prior to the commencement of such LIBOR Period, for delivery on the first day of such LIBOR Period. Each determination by the Bank of any LIBOR Rate shall, in the absence of manifest error, be conclusive, and at the Company's request, the Bank shall demonstrate the basis for such determination.
Appears in 1 contract
Samples: Credit Agreement (Hagler Bailly Inc)
Statutory Reserves. For purposes of this definition, the term "Base LIBOR Rate" shall mean the rate (rounded to the nearest 1/8 1/16 of 1% or, if there is no nearest 1/8 1/16 of 1%, the next higher 1/8 1/16 of 1%) at which deposits of U.S. dollars approximately equal in principal amount to the LIBOR Revolving Credit Portion and for a maturity equal to specified in the applicable LIBOR Period Request are offered to the Bank major banks in the London interbank foreign currency deposits market at approximately 11:00 a.m., London time, two (2) Banking Business Days prior to the commencement of such LIBOR Period, for delivery on the first day of such LIBOR Period. Each determination by the Bank of Agent of any LIBOR Rate shall, shall in the absence of manifest error, be conclusive, and at the Companyeither Borrower's request, the Bank Agent shall demonstrate the basis for such determination.
Appears in 1 contract
Samples: Loan and Security Agreement (Factory Card Outlet Corp)