Common use of Unavailability of LIBOR Liquidity Loans Clause in Contracts

Unavailability of LIBOR Liquidity Loans. If, with respect to any LIBOR Liquidity Loan requested by BAFC, the Administrative Agent or the Majority Liquidity Banks shall have determined in good faith (which determination shall, save for manifest error, be conclusive and binding upon BAFC and the Liquidity Banks) that (a) deposits of sufficient amount and maturity for funding such LIBOR Liquidity Loan are not available to the Liquidity Banks in the relevant market in the ordinary course of business, (b) by reason of circumstances affecting the relevant market, adequate and fair means do not exist for ascertaining the rate of interest to be applicable to such LIBOR Liquidity Loan or (c) the rate of interest to be applicable to such LIBOR Liquidity Loan does not adequately reflect the cost of funding such Liquidity Loan, as determined by the Majority Liquidity Banks, then (i) the Administrative Agent, upon its determination as provided above or upon receiving notice from the Majority Liquidity Banks as to their determination as provided above, shall promptly give notice thereof to BAFC, (ii) the notice requesting such LIBOR Liquidity Loan shall be canceled, and (iii) no Liquidity Bank shall be under any obligation to make additional LIBOR Liquidity Loans to BAFC unless and until the Administrative Agent shall have notified BAFC that LIBOR Liquidity Loans are again available hereunder.

Appears in 7 contracts

Samples: Liquidity Agreement (Bunge LTD), Liquidity Agreement (Bunge LTD), Liquidity Agreement (Bunge LTD)

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