Common use of Termination of LIBOR Advances Clause in Contracts

Termination of LIBOR Advances. If at any time a Lender determines in good faith and on reasonable grounds (which determination shall be conclusive and binding on the Borrower) that: (a) adequate and reasonable means do not exist for ascertaining the LIBO Rate applicable to a LIBOR Advance; (b) the LIBO Rate does not adequately reflect the effective cost to the Lender of making or maintaining a LIBOR Advance, except as a result of the Lender failing to obtain a deposit in the amount and for the term of the LIBOR Advance; or (c) it cannot readily obtain or retain funds in the London interbank market in order to fund or maintain any LIBOR Advance or cannot otherwise perform its obligations hereunder with respect to any LIBOR Advance, then upon at least four Business Days' written notice by the Agent to the Borrower, (d) the right of the Borrower to request LIBOR Advances from that Lender shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists, and (e) if the Lender is prevented from maintaining a LIBOR Advance, the Borrower shall, at its option, either repay the LIBOR Advances owing by it to that Lender or convert the LIBOR Advances into other forms of Advance which are permitted by this Agreement, and the Borrower shall not be responsible for any loss or expense that the Lender incurs as a result, including breakage costs, notwithstanding that such repayment or conversion does not occur on the last day of a LIBOR Period.

Termination of LIBOR Advances. If at any time a Lender determines in good faith and on reasonable grounds determines, acting reasonably, (which determination shall be conclusive and binding on the Borrower) that: (a) adequate and reasonable means do not exist for ascertaining the LIBO LIBOR Rate applicable to a LIBOR Advance; (b) the LIBO LIBOR Rate does not adequately reflect the effective cost to the such Lender of making or maintaining a LIBOR Advance, except as a result of the Lender failing to obtain a deposit in the amount and for the term of the LIBOR Advancerespectively; or (c) it cannot readily obtain or retain funds in the London interbank market in order to fund or maintain any LIBOR Advance or cannot otherwise perform its obligations hereunder with respect to any LIBOR Advance, ; then such Xxxxxx shall inform the Agent and upon at least four three (3) Business Days' written notice by the Agent to the Borrower, (d) the right of the Borrower to request LIBOR Advances from that Lender Xxxxxx shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists, and (e) if the such Lender is prevented from maintaining a LIBOR Advance, the Borrower shall, at its option, either repay the LIBOR Advances owing by it Advance to that Lender or convert the LIBOR Advances Advance into other forms of Advance which are permitted by this Agreement, and the Borrower shall not be responsible for any loss or expense that the such Lender incurs as a result, including breakage costs, notwithstanding that such repayment or conversion does not occur on the last day of a LIBOR Period, as applicable.

Termination of LIBOR Advances. If at any time a Lender determines in good faith and on reasonable grounds (which determination shall be conclusive and binding on the BorrowerBorrowers) that: (a) adequate and reasonable means do not exist for ascertaining the LIBO Rate applicable to a LIBOR Advance; (b) the LIBO Rate does not adequately reflect the effective cost to the Lender of making or maintaining a LIBOR Advance, except as a result of the Lender failing to obtain a deposit in the amount and for the term of the LIBOR Advance; or (c) it cannot readily obtain or retain funds in the London interbank market in order to fund or maintain any LIBOR Advance or cannot otherwise perform its obligations hereunder with respect to any LIBOR Advance, then upon at least four Business Days' written notice by the Agent to the BorrowerCHC, (d) the right of the Borrower Borrowers to request LIBOR Advances from that Lender shall be and remain suspended until the Agent notifies the Borrower CHC that any condition causing such determination no longer exists, and (e) if the Lender is prevented from maintaining a LIBOR Advance, the each Borrower shall, at its option, either repay the LIBOR Advances owing by it to that Lender or convert the LIBOR Advances into other forms of Advance which are permitted by this Agreement, and but the Borrower shall not be responsible for any loss or expense that the Lender incurs as a result, including breakage costs, notwithstanding that such repayment or conversion does not occur on the last day of a LIBOR Period.