Common use of Unavailability of Funds and Indeterminate Interest Rates Clause in Contracts

Unavailability of Funds and Indeterminate Interest Rates. If on or before the date Lenders are to make any Advance consisting of a LIBOR Tranche or on or before any Effective Date (1) any Lender determines in good faith that it is unable to obtain funds at the LIBO Rate for the elected Interest Period for any reason, including, but not limited to the unavailability of funds at such rate, any change in existing law, any new law, the length of such Interest Period, or otherwise, or (2) Agent determines in good faith that no adequate means exist to determine the LIBO Rate for such Interest Period, then Agent shall so notify Borrowers and Lenders on or before the Effective Date and Borrowers shall have one Business Day after notice to withdraw their request for a LIBOR Tranche, and if Borrowers fail to so withdraw their request, then, at Agent's option, Borrowers shall be deemed to have requested a Base Rate Tranche or shall be required to elect an Interest Period of a length for which Agent may obtain funds at the rate the adjustment of which determines the LIBO Rate.

Unavailability of Funds and Indeterminate Interest Rates. If on or before the date Lenders the Banks are to make any Advance consisting of a LIBOR Tranche LIBO Loan or on or before any Effective Date (1) any Lender the Agent determines in good faith that it is unable to obtain funds at the LIBO Rate for the elected Interest Period for any reason, including, but not limited to the unavailability of funds at such rate, any change in existing law, any new law, the length of such Interest Period, or otherwise, otherwise or (2) the Agent determines in good faith that no adequate means exist exists to determine the LIBO Rate for such Interest Period, then the Agent shall so notify the Borrowers and Lenders on or before the Effective Date and the Borrowers shall have one Business Day after notice to withdraw their request for a LIBOR TrancheLoan, and if the Borrowers fail to so withdraw their request, then, at the Agent's option, the Borrowers shall be deemed to have requested a Loan at the Base Rate Tranche or shall be required to elect an Interest Period of a length for which the Agent may obtain funds at the rate the adjustment of which determines the LIBO Rate.

Unavailability of Funds and Indeterminate Interest Rates. If on or before the date Lenders the Banks are to make any Advance consisting of a LIBOR Tranche LIBO Loan or on or before any Effective Date (1) any Lender the Agent determines in good faith that it is unable to obtain funds at the LIBO Rate for the elected Interest Period for any reason, including, but not limited to the unavailability of funds at such rate, any change in existing law, any new law, the length of such Interest Period, or otherwise, otherwise or (2) the Agent determines in good faith that no adequate means exist exists to determine the LIBO Rate for such Interest Period, then the Agent shall so notify the Borrowers and Lenders on or before the Effective Date and the Borrowers shall have one Business Day after notice to withdraw their request for a LIBOR TrancheLIBO Loan, and if the Borrowers fail to so withdraw their request, then, at the Agent's option, the Borrowers shall be deemed to have requested a Base Rate Tranche Loan or shall be required to elect an Interest Period of a length for which the Agent may obtain funds at the rate the adjustment of which determines the LIBO Rate.

Unavailability of Funds and Indeterminate Interest Rates. If on or before the date Lenders the Banks are to make any Advance consisting of a LIBOR Tranche LIBO Loan or Foreign Currency Loan or on or before any Effective Date (1) any Lender the Agent determines in good faith that it is unable to obtain funds at the LIBO Rate for the elected Interest Period for any reason, including, but not limited to the unavailability of funds at such rate, any change in existing law, any new law, the length of such Interest Period, or otherwise, otherwise or (2) the Agent determines in good faith that no adequate means exist exists to determine the LIBO Rate for such Interest Period, then the Agent shall so notify the Borrowers and Lenders on or before the Effective Date and the Borrowers shall have one Business Day after notice to withdraw their request for a LIBOR TrancheLoan, and if the Borrowers fail to so withdraw their request, then, at the Agent's option, the Borrowers shall be deemed to have requested a Loan at the Base Rate Tranche or shall be required to elect an Interest Period of a length for which the Agent may obtain funds at the rate the adjustment of which determines the LIBO Rate.