Common use of Unascertainable Clause in Contracts

Unascertainable. In the event Xxxxxxx Mac shall at any time cease to designate any unsecured general obligations of Xxxxxxx Mac as "Reference Bills®", at its option, Lender may (i) select from time to time another unsecured general obligation of Xxxxxxx Mac having original maturities, most comparable to the term of the Interest Period for the applicable Borrowing Tranche, and issued by Xxxxxxx Mac at regularly scheduled auctions within the sixty (60) day period prior to the first day of such Interest Period, and the term "Reference Bills®" as used herein shall mean such other unsecured general obligations as selected by Lender; or (ii) for any one or more Interest Periods, use the applicable LIBO Rate for purposes of determining the Base Rate for such Interest Period(s). If Xxxxxxx Mac has not conducted an auction of its Reference Bills® or other unsecured general obligations within sixty (60) days prior to the first day of the Interest Period for the proposed Borrowing Tranche, the Base Rate shall be determined as the LIBO Rate plus the Margin for such Interest Period(s).

Appears in 1 contract

Samples: Credit Agreement (Essex Property Trust Inc)

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Unascertainable. In the event Xxxxxxx Mac shall at any time cease to designate any unsecured general obligations of Xxxxxxx Mac as "Reference Bills®Bills(SM)", at its option, Lender may (i) select from time to time another unsecured general obligation of Xxxxxxx Mac having original maturities, maturities most comparable to the term of the Interest Period for the applicable Borrowing Tranche, and issued by Xxxxxxx Mac at regularly scheduled auctions within the sixty (60) day period prior to the first day of such Interest Period, and the term "Reference Bills®Bills (SM)" as used herein shall mean such other unsecured general obligations as selected by Lender; or (ii) for any one or more Interest Periods, use the applicable LIBO Rate for purposes of determining the Base Rate for such Interest Period(s). If Xxxxxxx Mac has not conducted an auction of its Reference Bills® Bills (SM) or other unsecured general obligations within sixty (60) days prior to the first day of the Interest Period for the proposed Borrowing Tranche, the Base Rate shall be determined as the LIBO Rate plus the Margin for such Interest Period(s).

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Unascertainable. In the event Xxxxxxx Fxxxxxx Mac shall at any time cease to designate any unsecured general obligations of Xxxxxxx Fxxxxxx Mac as "Reference Bills®"BillsSM”, at its option, Lender may (i) select from time to time another unsecured general obligation of Xxxxxxx Fxxxxxx Mac having original maturities, most comparable to the term of the Interest Period for the applicable Borrowing Tranche, and issued by Xxxxxxx Fxxxxxx Mac at regularly scheduled auctions within the sixty (60) day period prior to the first day of such Interest Period, and the term "Reference Bills®" BillsSM” as used herein shall mean such other unsecured general obligations as selected by Lender; or (ii) for any one or more Interest Periods, use the applicable LIBO Rate for purposes of determining the Base Rate for such Interest Period(s). If Xxxxxxx Fxxxxxx Mac has not conducted an auction of its Reference Bills® BillsSM or other unsecured general obligations within sixty (60) days prior to the first day of the Interest Period for the proposed Borrowing Tranche, the Base Rate shall be determined as the LIBO Rate plus the Margin for such Interest Period(s).

Appears in 1 contract

Samples: Credit Agreement (Mid America Apartment Communities Inc)

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Unascertainable. In the event Xxxxxxx Mac shall at any time cease to designate any unsecured general obligations of Xxxxxxx Mac as "Reference Bills®"BillsSM”, at its option, Lender may (i) select from time to time another unsecured general obligation of Xxxxxxx Mac having original maturities, most comparable to the term of the Interest Period for the applicable Borrowing Tranche, and issued by Xxxxxxx Mac at regularly scheduled auctions within the sixty (60) day period prior to the first day of such Interest Period, and the term "Reference Bills®" BillsSM” as used herein shall mean such other unsecured general obligations as selected by Lender; or (ii) for any one or more Interest Periods, use the applicable LIBO Rate for purposes of determining the Base Rate for such Interest Period(s). If Xxxxxxx Mac has not conducted an auction of its Reference Bills® BillsSM or other unsecured general obligations within sixty (60) days prior to the first day of the Interest Period for the proposed Borrowing Tranche, the Base Rate shall be determined as the LIBO Rate plus the Margin for such Interest Period(s).

Appears in 1 contract

Samples: Credit Agreement (Mid America Apartment Communities Inc)

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