Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 24 contracts
Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, Inc.), Credit Agreement (CALGON CARBON Corp)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 15 contracts
Samples: Credit Agreement (Paylocity Holding Corp), Credit Agreement (Stoneridge Inc), Credit Agreement (Healthcare Services Group Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 14 contracts
Samples: Revolving Credit Facility (CNX Resources Corp), Revolving Credit Facility (CNX Resources Corp), Credit Agreement (CNX Resources Corp)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 9 contracts
Samples: Credit Agreement (Johnson Outdoors Inc), Credit Agreement (New Jersey Resources Corp), Credit Agreement (K12 Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 7 contracts
Samples: Revolving Credit Facility (Erie Indemnity Co), Revolving Credit Facility (Rti International Metals Inc), Credit Agreement (Erie Indemnity Co)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 6 contracts
Samples: Revolving Credit Facility (Nacco Industries Inc), Credit Agreement (Calgon Carbon Corporation), Revolving Credit Facility (Nacco Industries Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 5 contracts
Samples: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then, in any case under clause (i) or clause (ii) of this Section 4.4.1, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 4 contracts
Samples: Revolving Credit Facility (Federated Hermes, Inc.), Revolving Credit Facility (Federated Investors Inc /Pa/), Credit Agreement (Federated Investors Inc /Pa/)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.4(c) [Administrative Agent’s and Lender’s Rights].
Appears in 4 contracts
Samples: Credit Agreement (Aimco OP L.P.), Credit Agreement (Aimco Properties L.P.), Credit Agreement (Factset Research Systems Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the establishment of the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.5.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 3 contracts
Samples: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 4.4(c) [Administrative Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Gsi Commerce Inc), Revolving Credit Agreement (Superior Well Services, INC)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4(c) [Administrative Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Credit Agreement (Gsi Commerce Inc), Credit Agreement (Gsi Commerce Inc), Credit Agreement (Gsi Commerce Inc)
Unascertainable. If If, on any date on which a LIBOR Rate or LIBOR Index Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or LIBOR Index Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate or LIBOR Index Rate, the Administrative Agent then in either case Lender shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]3.3(c).
Appears in 3 contracts
Samples: Credit Agreement (Southwest Iowa Renewable Energy, LLC), Credit Agreement (Southwest Iowa Renewable Energy, LLC), Credit Agreement (Southwest Iowa Renewable Energy, LLC)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 4.4(c) [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 3 contracts
Samples: Credit Agreement (Ipalco Enterprises, Inc.), Revolving Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises, Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and LenderXxxxxx’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Armstrong Coal Company, Inc.), Credit Agreement (Armstrong Energy, Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, then, in the case of clauses (i) and (ii) above, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
: (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]7.2(c).
Appears in 2 contracts
Samples: Term Loan Agreement (Triton International LTD), Term Loan Agreement (Triton International LTD)
Unascertainable. If on any date on which a LIBOR Rate or Published Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or Published Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate or Published Rate, then, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 2 contracts
Samples: Credit Agreement (Steel Partners Holdings L.P.), Term Loan Facility (Handy & Harman Ltd.)
Unascertainable. If If, on any date on which a LIBOR Rate or LIBOR Index Rate would otherwise be determined, the Administrative Agent shall have determined that:
that (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or LIBOR Index Rate, or
or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate or LIBOR Index Rate, the Administrative Agent then in either case Lender shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]3.3(c).
Appears in 2 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
: (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.4(c) [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Chesapeake Utilities Corp), Revolving Credit Facility Agreement (Chesapeake Utilities Corp)
Unascertainable. If If, on any date on which a LIBOR Index Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Index Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Index Rate, the Administrative Agent then in either case Lender shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]3.3(c).
Appears in 2 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to the Loans and/or Commitments of any Class, the applicable Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the such Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar Eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Meridian Bioscience Inc), Credit Agreement (Meridian Bioscience Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 2 contracts
Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)
Unascertainable. If on any date on which a LIBOR Rate or BA Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or BA Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Lenders’ Rights].
Appears in 2 contracts
Samples: Revolving Credit Facility (Retail Ventures Inc), Revolving Credit Facility (DSW Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to a portion of the Term Loan, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Lenders’ Rights].
Appears in 2 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to the Loans and/or Commitments of any Class, the applicable Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the such Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and LenderXxxxxx’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR LIBOR-Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR LIBOR-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR LIBOR-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s Bank's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate or BA Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or BA Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s 's and Lender’s Lenders’ Rights].
Appears in 1 contract
Samples: Revolving Credit Facility (DSW Inc.)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Neogenomics Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent3.4.3[Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Covance Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, ; or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, ; the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to Loans, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Lenders’ Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to the Loans, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s Bank's Rights].
Appears in 1 contract
Samples: Credit Agreement (Big Lots Inc)
Unascertainable. If on any date on which a LIBOR Rate or Index Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or Index Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate or Index Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to Loans, the Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, oror PRN1 883012 46
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative The Agent’s 's and Lender’s Lenders' Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the establishment of the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.5.3 [Administrative Agent’s and LenderXxxxxx’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].] or as otherwise set forth herein..
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Samples: Credit Agreement (MSA Safety Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the establishment of the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.5.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market Relevant Interbank Market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Samples: Credit Agreement (Foster L B Co)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]4.4.3.
Appears in 1 contract
Samples: Credit Agreement (3d Systems Corp)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Sl Industries Inc)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lender’s Rights].
Appears in 1 contract
Samples: Revolving Credit Facility (New Jersey Resources Corp)
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determineddetermined with respect to Loans, the Administrative Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative The Agent’s 's and Lender’s Lenders' Rights].
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that::
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, oror
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights].3.04(c).
Appears in 1 contract
Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then, in any case under clause (i) or clause (ii) of this Section 4.4.1, the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lender’s Rights]4.4.3.
Appears in 1 contract
