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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights].
Appears in 4 contracts
Samples: Credit Agreement (Vertex, Inc.), Credit Agreement (Gp Strategies Corp), Credit Agreement (Steel Partners Holdings L.P.)
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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 4 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Ii-Vi Inc), Credit Agreement (Koppers Holdings 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 Relevant Interbank Market relating to the Euro-RateLondon interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Credit Agreement (Foster L B Co), Credit Agreement (RPM International Inc/De/), Revolving Credit Facility (RPM International Inc/De/)
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 affecting the Relevant Interbank Market interbank eurodollar market relating to the Euro-RateRate and reasonable and adequate means do not exist for ascertaining the Euro-Rate for such Interest Period, then the Administrative Agent and Borrowers shall have the rights specified in Section 4.4.4 [Administrative Agent’s Sections 3.4.3 and Lender’s Rights]4.4.2 (as applicable).
Appears in 3 contracts
Samples: Revolving Credit Facility (Glatfelter P H Co), Revolving Credit Facility (Glatfelter P H Co), Revolving Credit Facility (Glatfelter P H Co)
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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 3 contracts
Samples: Credit Agreement (Key Energy Services Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Big Lots 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 in the reasonable opinion of the Administrative Agent materially and adversely affects the Relevant Interbank Market 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, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 3 contracts
Samples: Revolving Credit Facility (KPMG Consulting Inc), Revolving Credit Facility (KPMG Consulting Inc), Credit Agreement (Bearingpoint 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 5.4.4 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Committed 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 2 contracts
Samples: Revolving Credit Facility (Arch Coal Inc), Revolving Credit Facility (Arch Coal 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 Relevant Interbank Market London interbank Eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s 's and Lender’s Bank's Rights].
Appears in 2 contracts
Samples: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International 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 affecting the Relevant Interbank Market relating to the Euro-RateRate and reasonable and adequate means do not exist for ascertaining the Euro-Rate for such Interest Period, then the Administrative Agent and Borrowers shall have the rights specified in Section 4.4.4 [Administrative Agent’s Sections 3.4.4 and Lender’s Rights]4.4.2 (as applicable).
Appears in 2 contracts
Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
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 Relevant Interbank Market relating to the Euro-Rate, Rate then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (RPM International Inc/De/), Revolving Credit Facility Agreement (RPM International Inc/De/)
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 Relevant Interbank Market relating to the Euro-RateLondon interbank eurodollar market , then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Foster L B Co), Revolving Credit Facility (Foster L B Co)
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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 5.4.4 [Administrative Agent’s and LenderXxxxxx’s Rights].
Appears in 1 contract
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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-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-Euro Rate, or
or (ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Euro Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Sun Hydraulics 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.4 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.4 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Samples: Credit Agreement (Black Box 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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-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-Euro Rate, or
(ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Euro Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.5 [Administrative 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 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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-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-Euro Rate, or
(ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Euro Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative 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 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 Relevant Interbank Market London interbank market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-Eurocurrency Rate would otherwise be determined, the Administrative Agent shall have determined that:
(i) adequate and reasonable means do not exist for ascertaining such Euro-Eurocurrency Rate, or
(ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Eurocurrency Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies 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 Relevant Interbank Market relating to London interbank eurodollar market or the Euro-RateCDOR Market, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Term 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights]3.4.3.
Appears in 1 contract
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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 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 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
or (ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.4 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Samples: Credit Agreement (Black Box 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Euro- Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s 's and Lender’s Banks' Rights].
Appears in 1 contract
Unascertainable. 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [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 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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s 's and Lender’s Xxxxxx's Rights].
Appears in 1 contract
Samples: Credit Agreement (Foster L B Co)
Unascertainable. If If, on any date on which a Euro-Rate would otherwise be determineddetermined with respect to Term 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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
Samples: Credit Agreement (Arch Coal Inc)
Unascertainable. If on any date on which a Euro-Euro Rate would otherwise be determined, the Administrative Agent shall have determined that:
(iA) adequate and reasonable means do not exist for ascertaining such Euro-Euro Rate, or
(iiB) a contingency has occurred which materially and adversely affects the Relevant Interbank Market relating to the Euro-Euro Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.5 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Unascertainable. If on any date on which a Euro-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 Euro-Rate, or
(ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s 's and Lender’s Bank's Rights].
Appears in 1 contract
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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 2.15 [Administrative Agent’s and Lender’s Rights].
Appears in 1 contract
Samples: Credit Agreement (Funko, 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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.5 [Administrative 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 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 Relevant Interbank Market London interbank Eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.3 [Administrative Agent’s and LenderBank’s Rights].
Appears in 1 contract
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 Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights]0.
Appears in 1 contract
Samples: Credit Agreement (Orius 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 Relevant Interbank Market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 [Administrative Agent’s and Lender’s Rights].,
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 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 Relevant Interbank Market relating to London interbank eurodollar market or the Euro-RateCDOR Market, then the Administrative Agent shall have the rights specified in Section 4.4.4 4.4.3 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract
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
or (ii) a contingency has occurred which materially and adversely affects the Relevant Interbank Market London interbank eurodollar market relating to the Euro-Rate, then the Administrative Agent shall have the rights specified in Section 4.4.4 3.4.4 [Administrative Agent’s 's and Lender’s 's Rights].
Appears in 1 contract