Common use of Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR Clause in Contracts

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if prior to the commencement of any Interest Period, the Bank shall determine in good faith that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company and the obligations of the Bank to create such new LIBOR Portion, continue such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, 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 Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit any Note, if prior to the commencement of any Interest Period, the Bank Required Lenders shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to the Bank such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBORLIBOR Rate, then the Bank such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Company and the other Lenders) and the obligations of the Bank Lenders to create such new LIBOR Portioncreate, continue or effect by conversion any such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, 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 Adjusted LIBORLIBOR Rate, as the case may be.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if prior to the commencement of any Interest Period, the Bank a Lender shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to the Bank such Lender in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then the Bank such Lender shall promptly give notice thereof to the Company Sundance and the obligations of the Bank Lenders to create such new LIBOR Portioncreate, continue or effect by conversion any such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate be suspended until such Lender notifies Sundance that deposits in such amount and for the Interest Period selected by the Company shall again be Sundance are readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Notehereof, if the Bank shall determine prior to the commencement of any Interest Period, the Bank shall determine in good faith Period that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company Customer and at the obligations Bank's option make demand for repayment of the Bank to create Loans and, even absent such new LIBOR Portiondemand, continue such existing no LIBOR Portion for a new Interest Period shall be created, continued or effect such new LIBOR Portion effected by conversion of the Domestic Rate Portionconversion, as the case may be, in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company Customer shall again be readily available to the Bank in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if prior to the 42 48 commencement of any Interest Period, the Bank shall determine in good faith that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, LIBOR then the Bank shall promptly give notice thereof to the Company Parent and the obligations of the Bank to create such new LIBOR Portioncreate, continue or effect by conversion any such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company Parent shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit any Note, if prior to the commencement of any Interest Period, the Bank Required Lenders shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to the Bank such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBORLIBOR Rate, then the Bank such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Company and the other Lenders) and the obligations of the Bank Lenders to create such new LIBOR Portioncreate, continue or effect by conversion any such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, 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 Adjusted LIBORLIBOR Rate, as the case may be. .c2.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if the Bank shall determine in good faith prior to the commencement of any Interest Period, the Bank shall determine in good faith Period that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company Borrower and the obligations of the Bank to create create, continue, or effect by conversion any such new LIBOR Portion, continue such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate be suspended until deposits in such amount and for the Interest Period selected by the Company Borrower shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Notehereof, if the Bank shall determine prior to the commencement of any Interest Period, the Bank shall determine in good faith Period that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company Customer and at the obligations Bank’s option make demand for repayment of the Bank to create Loans and, even absent such new LIBOR Portiondemand, continue such existing no LIBOR Portion for a new Interest Period shall be created, continued or effect such new LIBOR Portion effected by conversion of the Domestic Rate Portionconversion, as the case may be, in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Company Customer shall again be readily available to the Bank in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit any Note, if prior to the commencement of any Interest Period, the Bank Required Lenders shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to the Bank such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then the Bank such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Company and the other Lenders) and the obligations of the Bank Lenders to create such new LIBOR Portioncreate, continue or effect by conversion any such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, 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 Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if prior to the commencement of any Interest Period, the Bank shall determine in good faith that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company Borrowers and the obligations obligation of the Bank to create create, continue, or effect by conversion any such new LIBOR Portion, continue such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate be suspended until deposits in such amount and for the Interest Period selected by the Company relevant Borrower shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Note, if Xxxxxx shall determine prior to the commencement of any Interest Period, the Bank shall determine in good faith Period that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to the Bank Xxxxxx in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then the Bank Xxxxxx shall promptly give notice thereof to the Company Borrower and the obligations of the Bank Xxxxxx to create create, continue, or effect by conversion any such new LIBOR Portion, continue such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate be suspended until deposits in such amount and for the Interest Period selected by the Company Borrower shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or the Revolving Credit Notehereof, if the Bank shall reasonably determine prior to the commencement of any Interest Period, the Bank shall determine in good faith Period that deposits in the amount of any LIBOR Portion 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 Adjusted LIBOR, then the Bank shall promptly give notice thereof to the Company Borrower and thereafter the obligations of the Bank Bank’s obligation to create create, continue, or effect by conversion any such new LIBOR Portion, continue such existing LIBOR Portion for a new Interest Period or effect such new LIBOR Portion by conversion of the Domestic Rate Portion, as the case may be, in such amount and for such Interest Period shall terminate be suspended until deposits in such amount and for the Interest Period selected by the Company Borrower shall again be readily available to the Bank in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR.