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

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 Borrowers and the Lenders, whereupon until the Administrative Agent notifies the Borrowers 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, 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 Banks having more than 33% percent (33)% or more 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 Banks or Lender Bank of funding their or its Eurodollar Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks or of the relevant Lender Bank to make Eurodollar Loans shall be suspended.

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 or Daily 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 Banks having thirty-three percent (33%) or 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 Banks of funding their or its Eurodollar Loans or Loan Daily Eurodollar Loans for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders or of the relevant Lender Banks to make Eurodollar Loans and Daily Eurodollar Loans shall be suspended.

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 Banks having more than thirty three percent (33% percent %) or more 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 Banks or Lender Bank of funding their or its Eurodollar Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks or of the relevant Lender Bank to make Eurodollar Loans shall be suspended.

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 Banks having more than 33% percent (33%) or more of the aggregate amount of the Commitments Loans 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 Banks or Lender Bank of funding their or its Eurodollar Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks or of the relevant Lender Bank to make Eurodollar Loans shall be suspended.

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 1663651.11-New York Server 7A - MSW 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 Borrowers Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrowers 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, 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 Banks having thirty-three percent (33%) or 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 Banks of funding their or its Eurodollar Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders or of the relevant Lender Banks to make Eurodollar Loans shall be suspended.

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 LIBOR 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 LIBOR interbank market for such Interest Period, or that by reason of circumstances affecting the interbank eurodollar LIBOR market adequate and reasonable means do not exist for ascertaining the applicable LIBORLIBOR Rate, or (b) Lenders Banks having twenty five percent (25%) or more than 33% percent of the aggregate amount of the Revolving Credit Commitments reasonably determine and so advise the Administrative Agent that LIBOR Rate as reasonably determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders Banks or Lender Bank of funding their or its Eurodollar LIBOR Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks or of the relevant Lender Bank to make Eurodollar LIBOR Loans shall be suspended.

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 advises the Borrower that deposits in U.S. United States Dollars (in the applicable amounts) are not being offered to major banks it in the eurodollar off-shore U.S. Dollar 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 51% or 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 Borrowers Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrowers 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, or Inadequacy of, LIBOR. If on or prior to the first day of any Interest Period for any Borrowing of Eurodollar LIBOR 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 LIBOR interbank market for such Interest Period, or that by reason of circumstances affecting the interbank eurodollar LIBOR market adequate and reasonable means do not exist for ascertaining the applicable LIBOR, or (b) Lenders Banks having twenty five percent (25%) or more than 33% percent of the aggregate amount of the Revolving Credit 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 Banks or Lender Bank of funding their or its Eurodollar LIBOR Loans or Loan for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Borrowers Borrower and the LendersBanks, whereupon until the Administrative Agent notifies the Borrowers Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders Banks or of the relevant Lender Bank to make Eurodollar LIBOR Loans shall be suspended.