Unavailability of Deposits or Inability. TO ASCERTAIN THE ADJUSTED EURODOLLAR RATE OR ADJUSTED CD RATE. Notwithstanding any other provision of this Agreement or any Note to the contrary, if prior to the commencement of any Interest Period any Bank shall determine (i) that deposits in the amount of any Fixed Rate Loan scheduled to be outstanding are not available to it in the relevant market or (ii) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Adjusted Eurodollar Rate or the Adjusted CD Rate, then such Bank shall promptly give telephonic or telex notice thereof to the Company, the Agent and the other Banks (such notice to be confirmed in writing), and the obligation of the Banks to make, continue or convert any such Fixed Rate Loan in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining the Adjusted Eurodollar Rate or the Adjusted CD Rate, as the case may be. Upon the giving of such notice, the Company may elect to either (i) pay or prepay, as the case may be, such affected Loan or (ii) reborrow such affected Loan as another type of Loan available hereunder, subject to all terms and conditions of this Agreement.
Unavailability of Deposits or Inability to Ascertain, or Inadequacy of, LIBOR. If on or prior to the first day of any Interest Period for any Borrowing of Eurodollar Loans:
(a) the Administrative Agent determines that deposits in U.S. Dollars (in the applicable amounts) are not being offered to major banks in the eurodollar interbank market for such Interest Period, or that by reason of circumstances affecting the interbank eurodollar market adequate and reasonable means do not exist for ascertaining the applicable LIBOR, or
(b) Lenders having more than 33% percent of the aggregate amount of the Commitments reasonably determine and so advise the Administrative Agent that LIBOR as reasonably determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders or Lender of funding their or its Eurodollar Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders or of the relevant Lender to make Eurodollar Loans shall be suspended.
Unavailability of Deposits or Inability to Ascertain the Adjusted LIBOR Rate. Notwithstanding any other provision of this Agreement or the Notes, if prior to the commencement of any Interest Period, (a) any Lender shall inform the Agent that such Lender has determined that United States dollar deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to such Lender in the offshore interbank market or (b) the Required Lenders shall advise the Agent that LIBOR as determined by the Agent will not adequately and fairly reflect the cost to such Lenders of funding such LIBOR Portion for such Interest Period, the Agent shall promptly give notice thereof to the Company and each other Lender and the obligations of the Lenders to create, continue or effect by conversion any LIBOR Portion in such amount and for such Interest Period shall be suspended until the circumstances giving rise to such termination no longer exist.
Unavailability of Deposits or Inability to Ascertain the Adjusted LIBOR Rate. Notwithstanding any other provision of this Agreement or the Notes, if prior to the commencement of any Interest Period, the Bank shall determine that United States dollar deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to it in the offshore interbank market, the Bank shall promptly give notice thereof to the Company and the obligations of the Bank to create, continue or effect by conversion any LIBOR Portion in such amount and for such Interest Period shall terminate until United States dollar deposits in such amount and for the Interest Period selected by the Company shall again be readily available in the offshore interbank market.
Unavailability of Deposits or Inability to Ascertain the Adjusted LIBOR Rate. Notwithstanding any other provision of this Agreement or the Notes, if prior to the commencement of any Interest Period, the Agent is advised that U. S. dollar deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to it in the offshore interbank market, the Agent shall promptly give notice thereof to the Company and the obligations of the Agent and the Banks to create, continue or effect by conversion any LIBOR Portion in such amount and for such Interest Period shall terminate until U. S. dollar deposits in such amount and for the Interest Period selected by the Company shall again be readily available in the offshore interbank market.
Unavailability of Deposits or Inability to Ascertain the -------------------------------------------------------- LIBOR Rate or Adjusted LIBOR Rate. Notwithstanding any other provision of --------------------------------- this Agreement or the Notes to the contrary, if prior to the commencement of any Interest Period Agent or any Lender shall determine in good faith (i) that deposits in the amount of any LIBOR Loan scheduled to be outstanding are not available to the Lenders in the relevant market or (ii) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the LIBOR rate or Adjusted LIBOR Rate, then Agent shall promptly give notice thereof to Borrowers and the Lenders, and the obligation of the Lenders to effect by conversion or continue any such LIBOR Loan in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by Borrower shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining the LIBOR rate or Adjusted LIBOR Rate, as the case may be. Upon the giving of such notice, Borrowers may elect to either (i) pay or prepay, as the case may be, the outstanding principal amount of any such LIBOR Loan, together with all interest accrued thereon and all other amounts payable to the Lenders under this Agreement or (ii) convert the principal amount of such affected LIBOR Loan to a Base Rate Loan available hereunder, subject to all the terms and conditions of this Agreement.
Unavailability of Deposits or Inability to Ascertain or Inadequacy of, Fixed Rate. Notwithstanding any other provision of this Agreement or any Note, if prior to the commencement of any Interest Period, the Required Lenders shall determine in good faith that (i) deposits in the applicable currency in the amount of any Fixed Rate Portion scheduled to be outstanding in such currency during such Interest Period are not readily available to such Lenders in the relevant market or (ii) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR Rate or Xxxxxx Bank's Quoted Rate, as the case may be, or (iii) currency control or other exchange regulations are imposed in the country in which an Alternative Currency is issued with the result that different types of such currency are issued or (iv) in the determination of the Agent, a U.S. Dollar Equivalent of an Alternative Currency is not readily calculable, then (x) such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Company and the other Lenders), (y) the obligations of the Lenders to create, continue or effect by conversion any such Fixed Rate Portion in such amount and for such Interest Period shall terminate until deposits in such amount, in such currency and for the Interest Period selected by the Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR Rate or Xxxxxx Bank's Quoted Rate, as the case may be, or the U.S. Dollar Equivalent of such affected currency, as the case may be and (z) within five (5) Business Days of receipt of such notice from the Agent, the Company shall repay all Revolving Loans in such affected currency or convert such Revolving Loans into Revolving Loans denominated in U.S. Dollars or another Alternative Currency, subject to the other terms set forth in this Agreement.
Unavailability of Deposits or Inability to Ascertain, or -------------------------------------------------------- Inadequacy of Libor Rate. If on or prior to the first day of any Interest Period ------------------------ for any borrowing of Eurodollar Loans:
(a) Agent advises Borrower that deposits in Dollars (in the applicable amounts) are not being offered to it in the off-shore Dollar interbank market for such Interest Period, or
(b) the Majority Lenders advise Agent that the Libor Rate as determined by Agent will not adequately and fairly reflect the cost to such Lenders of funding their Eurodollar Loans for such Interest Period due to the fact that the Libor market ceases to exist, then Agent shall forthwith give notice thereof to Borrower and Lenders, whereupon until Agent notifies Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of Lenders to make Eurodollar Loans shall be suspended without liability to Agent or Lenders.
Unavailability of Deposits or Inability. TO ASCERTAIN ADJUSTED EURODOLLAR RATE. Notwithstanding any other provision of this Agreement or of the Note, if prior to the commencement of any Interest Period, the Bank shall determine that deposits in the amount of any Eurodollar Rate Loan scheduled to be outstanding during such Interest Period are not readily available to the Bank in the relevant market or by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Adjusted Eurodollar Rate, then the Bank shall promptly give notice thereof to the Company and the obligations of the Bank to create, continue or effect by conversion any Eurodollar Rate Loan in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining the Adjusted Eurodollar Rate.
Unavailability of Deposits or Inability to Ascertain the Adjusted LIBOR Rate. Notwithstanding any other provision of this Agreement or any Note to the contrary, if prior to the commencement of any Interest Period any Bank shall determine (a) that deposits in the amount of any LIBOR Portion scheduled to be outstanding are not available to them in the relevant market or (b) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Adjusted LIBOR Rate, then such Banks shall give telephonic or telex notice thereof to the Company, the Agent and the other Banks (such notice to be confirmed in writing), and the obligation of the Banks to create, continue or convert any such LIBOR Portion in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining the Adjusted LIBOR Rate. Upon the giving of such notice, the Company shall elect to either
(i) pay or prepay, as the case may be, such affected Portion or (ii) convert the affected LIBOR Portion into an ABR Portion, subject to all terms and conditions of this Agreement.
