Common use of Unavailability of Eurodollar Funds Clause in Contracts

Unavailability of Eurodollar Funds. In the event that Borrowers shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c) and any Lender (or such Lender's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers ---------------------------------- Borrower shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c2.6(b) and any Lender (or such Lender's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor Rate is not available. A good faith determination by such Lender (or such Lender's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portionssuch Portions (provided, that Borrower shall not be required to compensate the affected Lender for funding costs or loss of earnings as a result of such change in interest rate).

Unavailability of Eurodollar Funds. In the event that Borrowers shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c2.6(b) hereof and any Lender (or such Lender's bank Affiliate) Bank shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by the Borrowers during the Interest Period specified, specified or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to the Borrowers that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) Bank hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the Banks' obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified the Borrowers and Lenders Banks that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers Borrower ---------------------------------- shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c) and any Lender Bank (or such LenderBank's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender Bank shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender Bank (or such LenderBank's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders Banks that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all such Portions.

Unavailability of Eurodollar Funds. In the event that ---------------------------------- Borrowers shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c2.5(b) and any Lender (or such Lender's bank Affiliate) Bank shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender Bank shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) Bank hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Libor Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent Bank shall have notified Borrowers and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers Borrower shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c2.6(b) and any Lender (or such Lender's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all such Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers Borrower shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c) and any Lender Bank (or such LenderBank's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender Bank shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender Bank (or such LenderBank's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders Banks that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all such Portions. In the event of any such determination, Borrower shall be entitled to replace the Bank that has made such determination with a bank or banks (which may include one or more of the other Banks hereunder) that have agreed to take such Bank's place.

Unavailability of Eurodollar Funds. In the event that Borrowers shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c) hereof and any Lender (or such Lender's bank Affiliate) Bank shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by the Borrowers during the Interest Period specified, specified or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to the Borrowers that the rate based on the Adjusted Libor Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) Bank hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the Banks' obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified the Borrowers and Lenders Banks that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers Borrower shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(c2.6(b) and any Lender (or such Lender's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor Rate will not adequately and fairly reflect the cost of making or maintaining the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor Rate is not available. A good faith determination by such Lender (or such Lender's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailability. Upon such a determination, (i) the obligation to advance or maintain Portions at the rate based on the Adjusted Libor Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate shall be applicable to all Portionssuch Portions (provided, that Borrower shall not be required to compensate the affected Lender for funding costs or loss of earnings as a result of such change in interest rate).

Unavailability of Eurodollar Funds. In the event that Borrowers Borrower shall have requested the rate based on the Adjusted Libor LIBOR-Based Rate in accordance with Paragraph 2.6(cSection 2.6(b) hereof and any Lender (or such Lender's bank Affiliate) shall have reasonably determined that Eurodollar deposits equal to the principal amount of the principal such Lender's share of the Portion and for the Interest Period specified are unavailable, or that the rate based on the Adjusted Libor LIBOR-Based Rate will not adequately and fairly reflect the cost of making or maintaining such Lender's share of the principal amount of the Portion specified by Borrowers Borrower during the Interest Period specified, specified or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the rate based on the Adjusted Libor LIBOR-Based Rate applicable to the specified Interest Period, such Lender shall give notice to Agent and Agent shall promptly give notice of such determination to Borrowers Borrower that the rate based on the Adjusted Libor LIBOR-Based Rate is not available. A determination by such Lender (or such Lender's bank Affiliate) hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailabilitycosts. Upon such a determination, (i) the Lenders' obligation to advance or maintain Portions at the rate based on the Adjusted Libor LIBOR-Based Rate shall be suspended until Agent shall have notified Borrowers Borrower and Lenders that such conditions shall have ceased to exist, and (ii) the rate based on the Base Rate Borrower shall elect Adjusted LMI to be applicable to all Portions.