Common use of Temporary Inability Clause in Contracts

Temporary Inability. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Lender shall determine that: (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined by Lender will not adequately and fairly reflect the cost to Lender of funding LIBOR Loans for such Interest Period, or (D) the making or funding of LIBOR Loans has become impracticable; then, in any such case, Lender shall promptly provide notice of such determination to Administrative Borrower (which shall be conclusive and binding on Borrowers), and (x) any request for a LIBOR Loan or any continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan, and (z) the obligations of Lender to make LIBOR Loans shall be suspended until Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Lender shall so notify Administrative Borrower.

Temporary Inability. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Lender Agent shall determine that: that (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined by Lender Agent will not adequately and fairly reflect the cost to Lender the Lenders of funding their LIBOR Loans for such Interest Period, Period or (D) the making or funding of LIBOR Loans has become impracticable; then, in any such case, Lender Agent shall promptly provide notice of such determination to Administrative Borrower and Lenders (which shall be conclusive and binding on BorrowersBorrower and Lenders), and (x) any request for a LIBOR Loan or any for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan, and (z) the obligations of Lender Lenders to make LIBOR Loans shall be suspended until Lender Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Lender Agent shall so notify Administrative BorrowerBorrower and Lenders.

Temporary Inability. In the event, prior to commencement of any Interest Period relating to a LIBOR Rate Loan, Lender shall reasonably determine that: that (Aa) deposits in Dollars U.S. dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (Bb) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBOR, (Cc) LIBOR as determined by Lender will not adequately and fairly reflect the cost to Lender of funding LIBOR Rate Loans for such Interest Period, Period or (Dd) the making or funding of LIBOR Rate Loans has become demonstrably impracticable; , then, provided Lender shall have made the same determination with regard to the availability of LIBOR based loans as to similarly situated counterparties with similar assets in any such casesimilar facilities, Lender shall promptly provide notice of such determination to Administrative Borrower (which shall be conclusive and binding on BorrowersBorrower absent demonstrative error), and (x) any request for a LIBOR Loan conversion to or any continuation of a LIBOR Rate Loan made after Lender provides such notice shall be automatically withdrawn and shall be deemed a request for a Base Prime Rate Loan, (y) each LIBOR Rate Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Prime Rate Loan, and (z) the obligations of Lender to make LIBOR Rate Loans shall be suspended until Lender reasonably determines that the circumstances giving rise to such suspension no longer exist, in which event Lender shall so notify Administrative Borrower.

Temporary Inability. In the event, prior to commencement of any Interest Period relating to a LIBOR LoanLIBOR-based Advance, Lender the Bank shall determine that: (Ai) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (Bii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBOR, (Ciii) LIBOR as determined by Lender the Bank will not adequately and fairly reflect the cost to Lender the Bank of funding LIBOR Loans a LIBOR-based Advance for such Interest Period, Period or (Div) the making or funding of LIBOR Loans has a LIBOR-based Advance become impracticable; then, in any such case, Lender the Bank shall promptly provide notice of such determination to Administrative the Borrower (which shall be conclusive and binding on Borrowersthe Borrower), and (x) any request for a LIBOR Loan LIBOR-based Advance or any for a conversion to or continuation of a LIBOR Loan LIBOR-based Advance shall be automatically withdrawn and shall be deemed a request for a Base Rate LoanPrime-based Advance, (y) each LIBOR Loan LIBOR-based Advance will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate LoanPrime-based Advance, and (z) the obligations of Lender the Bank to make LIBOR Loans a LIBOR-based Advance shall be suspended until Lender the Bank determines that the circumstances giving rise to such suspension no longer exist, in which event Lender the Bank shall so notify Administrative the Borrower.,

Temporary Inability. In the event, prior to commencement of any Interest Rate Tranche Period relating to a LIBOR LoanPurchase, Lender Agent shall determine that: (Ai) that deposits in Dollars dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Rate Tranche Period, (Bii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBORthe LIBO Rate, (Ciii) LIBOR the LIBO Rate as determined by Lender Agent will not adequately and fairly reflect the cost to Lender the Purchaser of funding LIBOR Loans their Purchase for such Interest Period, Rate Tranche Period or (Div) the making or funding of LIBOR Loans has become Purchases at the LIBO Rate becomes impracticable; then, in any such case, Lender Agent shall promptly provide notice of such determination to Administrative Borrower the Seller (which shall be conclusive and binding on Borrowersthe Seller), and (x) any request for a LIBOR Loan or any continuation of a LIBOR Loan Purchase at the LIBO Rate shall be automatically withdrawn and shall be deemed a request for a an Alternate Base Rate LoanPurchase, (y) each LIBOR Loan LIBO Rate Purchase will automatically, on the last day of the then current Interest Rate Tranche Period relating thereto, become a an Alternate Base Rate LoanPurchase, and (z) the obligations of Lender the Purchasers to make LIBOR Loans Purchase as the LIBO Rate shall be suspended until Lender Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Lender Agent shall so notify Administrative Borrowerthe Seller.

Temporary Inability. In Subject to Section 2.8(b) below (to the extent applicable), in the event, prior to commencement of any Interest Period relating to a LIBOR LoanRate Advance, Lender Bank shall determine that: (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate Market market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined by Lender Bank will not adequately and fairly reflect the cost to Lender Bank of funding its LIBOR Loans Rate Advances for such Interest Period, or (D) the making or funding of LIBOR Loans Rate Advances has become impracticable; then, in any such case, Lender Bank shall promptly provide notice of such determination to Administrative the Borrower (which shall be conclusive and binding on Borrowersit), and (x) any request for a LIBOR Loan Rate Advance or any for a conversion to or continuation of a LIBOR Loan Rate Advance shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Loan Rate Advance will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate LoanAdvance, and (z) the obligations of Lender Bank to make LIBOR Loans Rate Advances shall be suspended until Lender Bank determines that the circumstances giving rise to such suspension no longer exist, in which event Lender Bank shall so notify Administrative the Borrower.

Temporary Inability. In the event, prior to commencement of any Interest Period relating to a LIBOR Rate Loan, Lender shall determine that: that (Ai) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (Bii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining LIBORthe LIBOR Rate, (Ciii) the LIBOR Rate as determined by Lender will not adequately and fairly reflect the cost to Lender of funding their LIBOR Rate Loans for such Interest Period, or (Div) the making or funding of LIBOR Rate Loans has become becomes impracticable; then, in any such case, Lender shall promptly provide notice of such determination to Administrative Borrower (which shall be conclusive and binding on BorrowersBorrower), and (x) any request for a LIBOR Rate Loan or any for a conversion to or continuation of a LIBOR Rate Loan shall be automatically withdrawn and shall be deemed a request for a Base Prime Rate Loan, (y) each LIBOR Rate Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Prime Rate Loan, and (z) the obligations of Lender to make LIBOR Rate Loans shall be suspended until Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Lender shall so notify Administrative Borrower.