Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 17 contracts
Samples: Revolving Credit Facility (Ii-Vi Inc), Credit Agreement (Rhino Resource Partners LP), Credit Agreement (Federated Investors Inc /Pa/)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 10 contracts
Samples: Revolving Credit Facility (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.34.5.3.
Appears in 9 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 7 contracts
Samples: Credit Agreement (Vulcan Asphalt Refining Corp), Credit Agreement (Independent Gasoline & Oil Co of Rochester), Credit Agreement (Bell Oil Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Administrative Agent shall have the rights specified in Section 4.4.3.
Appears in 5 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Inc), Credit Agreement (Koppers Holdings Inc.)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Loans, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 5 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Revolving Credit Facility (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 3 contracts
Samples: Credit Agreement (Option Care Inc/De), Term Loan Credit Agreement (Champion Industries Inc), Credit Agreement (Audio Communications Network Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 3 contracts
Samples: Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Suburban Lodges of America Inc), Revolving Credit Agreement (Tb Woods Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Paying Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Paying Agent shall have the rights specified in Section 4.4.34.4.3 [Paying Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Revolving Credit Facility (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Consol Energy Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
that (i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
Rate or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 3 contracts
Samples: Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P), Revolving Credit Facility (Penn Virginia Resource Partners L P)
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Committed Loans or Bid Loans, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 2 contracts
Samples: Revolving Credit Facility (Arch Coal Inc), Credit Agreement (Arch Coal Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.34.4.
Appears in 2 contracts
Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 2 contracts
Samples: Revolving Credit Facility (Triumph Group Inc /), Credit Agreement (Champion Enterprises Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 2 contracts
Samples: Revolving Credit Facility (Brady Corp), Revolving Credit Facility Credit Agreement (Brady Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar Yen market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Term Loan B, the Agent shall have determined that:
(i) 4.3.1.1 adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) 4.3.1.2 a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Paying Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Paying Agent shall have the rights specified in Section 4.4.34.4.3 [Paying Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Consol Energy Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 1 contract
Samples: Senior Unsecured Revolving Credit Facility (Cuno Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(iii) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Phymatrix Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent and the Banks shall have the rights specified in Section 4.4.33.4.3.
Appears in 1 contract
Samples: Revolving Credit Facility (Professional Detailing Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Committed Loans or Bid Loans, the Agent shall have determined that:
(i) adequate and reasonable fair means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.04(c).
Appears in 1 contract
Samples: Credit Agreement (Ace LTD)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.34.4.3 [Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Covance Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3 [Agent’s and Lenders’ Rights].
Appears in 1 contract
Samples: Credit Agreement (Excelsior Lasalle Property Fund Inc)
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Term Loans, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.33.4.3 [Agent's and Lender's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Collateral Agent shall have reasonably determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Collateral Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Newtech Corp)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.34.4.3 [Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Euro- Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Ii-Vi Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3 [Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (CastleRock Security Holdings, Inc.)
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Committed Loans, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent and the Banks shall have the rights specified in Section 4.4.33.4.3.
Appears in 1 contract
Samples: Convertible Revolving Credit Facility (Ptek Holdings Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.33.4.3 [Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Covance Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Committed Loans or Bid Loans, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the Euro-Rate, ; the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Roundys Inc)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Euro- Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary market for negotiable certificates of deposit maintained by dealers of recognized standing relating to the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Euro Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Euro Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Euro Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary market for the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.30.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Loans, the Agent shall have determined that:
(ia) adequate and reasonable means do not exist for ascertaining such Euro-Rate, or
(iib) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the Euro-Rate, then the Agent shall have the rights specified in Section 4.4.3.
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Rate would otherwise be determined, the Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such CD Rate or Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the secondary markets for negotiable certificates of deposit maintained by dealers of recognized standing relating to the CD Rate or the London interbank eurodollar market relating to the Euro-Rate, the Agent shall have the rights specified in Section 4.4.33.4.3.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cable Tv Fund 14-a LTD)
