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(b) hereof and any 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 or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the Adjusted Libor Rate applicable to the specified Interest Period, 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 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, the Banks' obligation to advance or maintain Portions at the Adjusted Libor Rate shall be suspended until Agent shall have notified the Borrowers and Banks that such conditions shall have ceased to exist, and the Base Rate shall be applicable to all 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(b2.5(b) hereof and any 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, Agent Bank 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 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 Libor Portions at the Adjusted Libor Rate shall be suspended until Agent Bank shall have notified the Borrowers and 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 the Borrower shall have requested the rate based on the Adjusted Libor Libor-Based Rate in accordance with Paragraph 2.6(b2.6(c) hereof and any Bank shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of such Bank'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 Bank's share of the principal amount of the Portion specified by the 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 Adjusted Libor Libor-Based Rate applicable to the specified Interest Period, Administrative Agent shall promptly give notice of such determination to the Borrowers Borrower that the rate based on the Adjusted Libor Libor-Based Rate is not available. A determination by such 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 Adjusted Libor Libor-Based Rate shall be suspended until Administrative Agent shall have notified the Borrowers Borrower and Banks that such conditions shall have ceased to exist, and (ii) the Adjusted 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 LIBOR-Based Rate in accordance with Paragraph Section 2.6(b) hereof and any Bank Lender 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 the 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 Adjusted Libor LIBOR-Based Rate applicable to the specified Interest Period, Agent shall promptly give notice of such determination to the Borrowers Borrower that the rate based on the Adjusted Libor LIBOR-Based Rate is not available. A determination by such Bank Lender 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 BanksLenders' obligation to advance or maintain Portions at the Adjusted Libor LIBOR-Based Rate shall be suspended until Agent shall have notified the Borrowers Borrower and Banks Lenders that such conditions shall have ceased to exist, and the Base Rate (ii) Borrower shall elect Adjusted LMI to be applicable to all Portions.

Unavailability of Eurodollar Funds. In the event that Borrowers CLTL shall have requested the rate based on the an Adjusted Libor Rate in accordance with Paragraph 2.6(bss.1.11(c) hereof and any the Bank shall have reasonably determined that Eurodollar deposits equal to the amount of the principal of the Portion advance for which the rate is requested 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 advance specified by the Borrowers CLTL during the Interest Period specified or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the Adjusted Libor Rate applicable to the specified Interest Period, Agent the Bank shall promptly give notice of such determination to the Borrowers CLTL that the rate based on the Adjusted Libor Rate is not available. A determination by such the Bank hereunder shall be prima facie evidence of the correctness of the fact and amount of such additional costs or unavailabilitycosts. Upon such a determination, the Banks' Bank's obligation to advance or maintain Portions an advance at the Adjusted Libor Rate shall be suspended until Agent the Bank shall have notified the Borrowers and Banks CLTL that such conditions shall have ceased to exist, and the Base Rate shall then be applicable to all Portionsthe Revolving Credit Loan.

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(b2.5(b) hereof and any 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, Agent Bank 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 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 Libor Portions at the Adjusted Libor Rate shall be suspended until Agent Bank shall have notified the Borrowers and 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 shall have requested the rate based on the Adjusted Libor Rate in accordance with Paragraph 2.6(b2.6(c) hereof and any 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 or that by reason of circumstances affecting Eurodollar markets, adequate and reasonable means do not exist for ascertaining the Adjusted Libor Rate applicable to the specified Interest Period, 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 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, the Banks' obligation to advance or maintain Portions at the Adjusted Libor Rate shall be suspended until Agent shall have notified the Borrowers and Banks that such conditions shall have ceased to exist, and the Base Rate shall be applicable to all Portions.