Common use of Unascertainable Clause in Contracts

Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent 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 Administrative Agent shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Lender’s Rights]. (b)

Appears in 2 contracts

Samples: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp)

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Unascertainable. If If, on any date on which a LIBOR Rate or LIBOR Index Rate would otherwise be determined, the Administrative Agent shall have determined that: that (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate or LIBOR Index Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate or LIBOR Index Rate, then the Administrative Agent in either case Lender shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Lender’s Rights]. (b3.3(c).

Appears in 2 contracts

Samples: Credit Agreement and Waiver (Pacific Ethanol, Inc.), Credit Agreement and Waiver (Pacific Ethanol, Inc.)

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Unascertainable. If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent 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 Administrative Agent shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Lender’s Rights]7.2(c). (b)

Appears in 2 contracts

Samples: Term Loan Agreement (Triton International LTD), Assignment and Assumption Agreement (Triton International LTD)

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