Common use of Unascertainable Clause in Contracts

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender 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 Lender shall have the rights specified in Section 4.4.3 [Lender's Rights].

Appears in 3 contracts

Samples: Senior Secured Revolving Credit Facility (Shotspotter, Inc), Credit Agreement (Park Electrochemical Corp), Credit Agreement (Park Electrochemical Corp)

AutoNDA by SimpleDocs

Unascertainable. If If, on any date on which a LIBOR Index Rate would otherwise be determined, the Lender CoBank 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, then the Lender in either case CoBank shall have the rights specified in Section 4.4.3 [Lender's Rights]3.3(c).

Appears in 1 contract

Samples: Credit Agreement (Pacific Ethanol, Inc.)

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender Bank shall have determined that: : (iA) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or ; or (iiB) a contingency has occurred which materially and adversely affects the London interbank eurodollar Eurodollar market relating to the LIBOR Rate, then the Lender Bank shall have the rights specified in Section 4.4.3 [Lender's Rights]2.03(g).

Appears in 1 contract

Samples: Loan Agreement (Liberated Syndication Inc.)

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender 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 Lender shall have the rights specified in Section 4.4.3 3.4.3 [Lender's ’s Rights].

Appears in 1 contract

Samples: Credit Agreement (Park Electrochemical Corp)

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender 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 Lender shall have the rights specified in Section 4.4.3 3.4.3 [Lender's Rights].

Appears in 1 contract

Samples: Credit Agreement (DSW Inc.)

AutoNDA by SimpleDocs

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender 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 Lender shall have the rights specified in Section 4.4.3 [Lender's ’s Rights].

Appears in 1 contract

Samples: Revolving Credit Agreement (EPAM Systems, Inc.)

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Lender 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 Lender shall have the rights specified in Section 4.4.3 4.04(c) [Lender's ’s Rights].

Appears in 1 contract

Samples: Loan and Security Agreement (Wells Core Office Income Reit Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!