Common use of Unavailability of LIBOR Rate Clause in Contracts

Unavailability of LIBOR Rate. In the event that Borrowers shall have requested a LIBOR Rate Loan pursuant to the terms of this Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender in the London interbank market; or by reason of circumstances affecting the Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loans; upon notice from the Lender to the Borrowers, the obligations of the Lender to make such LIBOR Rate Loan or to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Diversified Restaurant Holdings, Inc.)

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Unavailability of LIBOR Rate. In the event that Borrowers shall have requested a LIBOR Rate Loan pursuant to the terms of this Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender in the London interbank market; or by reason of circumstances affecting the Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loans; upon notice from the Lender to the Borrowers, the obligations of the Lender to make such LIBOR Rate under the Loan or Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Revolving Credit Note (Dover Saddlery Inc)

Unavailability of LIBOR Rate. In the event that Borrowers Borrower shall have requested a LIBOR Rate Loan pursuant to in accordance with the terms of this Loan Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender in the London interbank market; or by reason of circumstances affecting the Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loans; upon notice from the Lender to the BorrowersBorrower, the obligations of Lender under the Lender to make such LIBOR Rate Loan or Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers Borrower that the circumstances causing such suspension no longer exist.. Revolving Note

Appears in 1 contract

Samples: Icad Inc

Unavailability of LIBOR Rate. In the event that Borrowers Borrower shall have requested a LIBOR Rate Loan pursuant to in accordance with the terms of this Agreement Note and Lenderthe Bank, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender Bank in the London interbank market; or by reason of circumstances affecting the Lender Bank in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the LenderBank’s cost of funding loans; upon notice from the Lender Bank to the BorrowersBorrower, the obligations of the Lender to make such LIBOR Rate Loan or Bank hereunder to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender Bank shall notify the Borrowers Borrower that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Cubist Pharmaceuticals Inc

Unavailability of LIBOR Rate. In the event that Borrowers Borrower shall have requested a LIBOR Rate Loan pursuant to the terms of this Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender in the London interbank market; or by reason of circumstances affecting the Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loans; upon notice from the Lender to the BorrowersBorrower, the obligations of the Lender to make such LIBOR Rate Loan or to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers Borrower that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Dover Saddlery Inc

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Unavailability of LIBOR Rate. In the event that Borrowers Borrower shall have requested a LIBOR Rate Loan pursuant to in accordance with the terms of this Note and the Agreement and Lenderthe Bank, in its sole discretion, shall have determined that U.S. dollar Dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender Bank in the London interbank market; or by reason of circumstances affecting the Lender Bank in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s Bank's cost of funding loans; upon notice from the Lender Bank to the BorrowersBorrower, the obligations of the Lender to make such LIBOR Rate Loan or Bank under the Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender Bank shall notify the Borrowers Borrower that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit and Security Agreement (Gse Systems Inc)

Unavailability of LIBOR Rate. In the event that Borrowers Borrower shall have requested a LIBOR Rate Loan pursuant to in accordance with this Rider A and the terms of this Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender in the London interbank inter-bank market; or by reason of circumstances affecting the Lender in the London interbank inter-bank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loansRevolving Advances; upon notice from the Lender to the BorrowersBorrower, the obligations of the Lender to make such LIBOR Rate under the Note or the Loan or Agreement (as defined in the Note) to make or continue any loans Revolving Advance as, or to convert any loans Revolving Advance into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers Borrower that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: National Investment Managers Inc.

Unavailability of LIBOR Rate. In the event that Borrowers the Administrative Borrower shall have requested a LIBOR Rate Loan pursuant to in accordance with Section 2.04 and the terms of this Agreement and Lender, in its sole discretion, shall have determined that U.S. dollar deposits in the relevant amount and for the relevant LIBOR Interest Period are not available to the Lender or the Lender Affiliate in the London interbank market; or by reason of circumstances affecting the Lender or the Lender Affiliate in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate no longer adequately and fairly reflects the Lender’s cost of funding loans; upon notice from the Lender to the BorrowersAdministrative Borrower, the obligations of the Lender to make such LIBOR Rate Loan or under Section 2.04 to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans of such duration shall forthwith be suspended until the Lender shall notify the Borrowers Administrative Borrower that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Ultralife Corp)

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