Common use of Unavailability of LIBOR Rate Clause in Contracts

Unavailability of LIBOR Rate. In the event that Borrower shall have requested a LIBOR Rate Loan and/or a LIBOR Advantage Rate Loan in accordance with the Note and this Agreement and the 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 Bank in the London interbank market; or by reason of circumstances affecting the Bank in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate and/or the LIBOR Advantage Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate or the LIBOR Advantage Rate no longer adequately and fairly reflects the Bank’s cost of funding loans; upon notice from the Bank to the Borrower, the obligations of the Bank hereunder and under this Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans and/or LIBOR Advantage Rate Loans of such duration shall forthwith be suspended until the Bank shall notify the Borrower that the circumstances causing such suspension no longer exist.

Unavailability of LIBOR Rate. In the event that Borrower Borrowers shall have requested a LIBOR Rate Loan and/or a Daily LIBOR Advantage Rate Loan in accordance with the Note and this Agreement and the 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 Bank in the London interbank market; or by reason of circumstances affecting the Bank in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate and/or the Daily LIBOR Advantage Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate or the Daily LIBOR Advantage Rate no longer adequately and fairly reflects the Bank’s cost of funding loans; upon notice from the Bank to the BorrowerBorrowers, the obligations of the Bank hereunder and under this Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans and/or Daily LIBOR Advantage Rate Loans of such duration shall forthwith be suspended until the Bank shall notify the Borrower Borrowers that the circumstances causing such suspension no longer exist.

Unavailability of LIBOR Rate. In the event that Borrower shall have requested a LIBOR Rate Loan and/or a LIBOR Advantage Rate Loan in accordance with the Note or Loan Agreement to which this Rider A is attached (as applicable) and this Agreement and the BankLender, 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 Bank Lender in the London interbank market; or by reason of circumstances affecting the Bank Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate and/or the LIBOR Advantage Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate or the LIBOR Advantage Rate no longer adequately and fairly reflects the BankLender’s cost of funding loans; upon notice from the Bank Lender to the Borrower, the obligations of the Bank hereunder and Lender under this the Note or Loan Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans and/or LIBOR Advantage Rate Loans of such duration shall forthwith be suspended until the Bank Lender shall notify the Borrower that the circumstances causing such suspension no longer exist.. SCHEDULE A PRINCIPAL REPAYMENT SCHEDULE Year of Term of Loan: Monthly Principal Payment: 1

Unavailability of LIBOR Rate. In the event that Borrower shall have requested a LIBOR Rate Loan and/or a LIBOR Advantage Rate Loan in accordance with the Note or Loan Agreement to which this Rider B is attached (as applicable) and this Agreement and the BankLender, 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 Bank Lender in the London interbank market; or by reason of circumstances affecting the Bank Lender in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate and/or the LIBOR Advantage Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate or the LIBOR Advantage Rate no longer adequately and fairly reflects the BankLender’s cost of funding loans; upon notice from the Bank Lender to the Borrower, the obligations of the Bank hereunder and Lender under this the Note or Loan Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans and/or LIBOR Advantage Rate Loans of such duration shall forthwith be suspended until the Bank Lender shall notify the Borrower that the circumstances causing such suspension no longer exist. SCHEDULE A PRINCIPAL REPAYMENT SCHEDULE TIME PERIOD: 36 Monthly Payments MONTHLY PRINCIPAL PAYMENTS DUE: Payments to be made at the end of the month starting January 2010.

Unavailability of LIBOR Rate. In the event that Borrower shall have requested a LIBOR Rate Loan and/or a Daily LIBOR Advantage Rate Loan in accordance with the Note and this Agreement and the 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 Bank in the London interbank market; or by reason of circumstances affecting the Bank in the London interbank market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate and/or the Daily LIBOR Advantage Rate applicable to the relevant LIBOR Interest Period; or the LIBOR Rate or the Daily LIBOR Advantage Rate no longer adequately and fairly reflects the Bank’s cost of funding loans; upon notice from the Bank to the Borrower, the obligations of the Bank hereunder and under this Agreement to make or continue any loans as, or to convert any loans into, LIBOR Rate Loans and/or Daily LIBOR Advantage Rate Loans of such duration shall forthwith be suspended until the Bank shall notify the Borrower that the circumstances causing such suspension no longer exist.