Common use of Unascertainable Clause in Contracts

Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBO-Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s and Lender’s Rights].

Appears in 3 contracts

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

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Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: : (i) adequate and reasonable means do not exist for ascertaining such LIBO-Rate, or or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [(Agent’s 's and Lender’s Bank's Rights]).

Appears in 3 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Term Loan Facility (Hovnanian Enterprises Inc)

Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBO-Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s and Lender’s Rights]3.4.3.

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)

Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBO-Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s and Lender’s Rights]3.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Too, Inc.), Credit Agreement (Too Inc)

Unascertainable. If on any date on which a LIBOLibor-Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBOLibor-Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOLibor-Rate, then the Agent shall have the rights specified in Section 3.4.3 4.4.3 [Agent’s and LenderBank’s Rights].

Appears in 1 contract

Samples: Credit Agreement (Westmoreland Coal Co)

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Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: : (i) adequate and reasonable means do not exist for ascertaining such LIBO-LIBO- Rate, or or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s 's and Lender’s Bank's Rights].

Appears in 1 contract

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)

Unascertainable. If on any date on which a LIBO-Rate would otherwise be determined, the Agent shall have determined that: : (i) adequate and reasonable means do not exist for ascertaining such LIBO-Rate, or or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBO-Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s 's and Lender’s 's Rights].

Appears in 1 contract

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)

Unascertainable. If on any date on which a LIBO-LIBO Rate would otherwise be determined, the Agent shall have determined that: (i) adequate and reasonable means do not exist for ascertaining such LIBO-LIBO 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 LIBO-LIBO Rate, the Agent shall have the rights specified in Section 3.4.3 [Agent’s and Lender’s Rights]4.4.3.

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

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