Common use of Unavailable LIBOR Rate Clause in Contracts

Unavailable LIBOR Rate. If any Lender determines that for any reason fair and adequate means do not exist for establishing a particular LIBOR Rate or that accruing interest on any Loan at an Adjusted LIBOR Rate by such Lender has become unlawful, such Lender may give notice of that fact to Agent and Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies Borrower and Agent that the circumstances giving rise to such notice no longer exist, such Adjusted LIBOR Rate shall no longer be available in respect of Loans. Thereafter, any request by Borrower to have interest accrue on a Loan at such an Adjusted LIBOR Rate shall be deemed to be a request for interest to accrue at the Reference Rate. If the circumstances giving rise to the notice described herein no longer exist, the Lender shall notify Borrower and Agent in writing of that fact, and Borrower shall then once again become entitled to request that such an Adjusted LIBOR Rate apply to the Loans in accordance with Section 2.7(b) hereof.

Unavailable LIBOR Rate. If any Lender determines that for any reason reason, fair and adequate means do not exist for establishing a particular LIBOR Rate or that a LIBOR Rate will not adequately and fairly reflect the cost to it of making or maintaining the principal amount of a particular LIBOR Loan or that accruing interest on any LIBOR Loan at an Adjusted LIBOR Rate by such Lender has become unlawfulunlawful or is contrary to any internal policies (of general application), such Lender may give notice of that fact to Agent and Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies Borrower and Agent that the circumstances giving rise to such notice no longer exist, the interest rate or rates so identified in such Adjusted LIBOR Rate notice shall no longer be available in respect of Loansavailable. Thereafter, any Any subsequent request by Borrower to have interest accrue on a Loan at such an Adjusted a LIBOR Rate shall be deemed to be a request for interest to accrue at the Reference Rate. If the circumstances giving rise to the notice described herein no longer exist, Lender who had previously given notice of the Lender unavailability of rate(s) shall notify Agent and Borrower and Agent in writing of that fact, and Borrower shall then once again become entitled to request that such an Adjusted LIBOR Rate Rates apply to the Loans in accordance with Section 2.7(b) hereof.

Unavailable LIBOR Rate. If any Lender determines that for any reason reason, fair and adequate means do not exist for establishing a particular LIBOR Rate or that a LIBOR Rate will not adequately and fairly reflect the cost to it of making or maintaining the principal amount of a particular LIBOR Loan or that accruing interest on any LIBOR Loan at an Adjusted LIBOR Rate by such Lender has become unlawfulunlawful or is contrary to any internal policies (of general application), such Lender may give notice of that fact to Agent and Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies Borrower and Agent that the circumstances giving rise to such notice no longer exist, the interest rate or rates so identified in such Adjusted LIBOR Rate notice shall no longer be available in respect of Loansavailable. Thereafter, any Any subsequent request by Borrower to have interest accrue on a Loan at such an Adjusted a LIBOR Rate shall be deemed to be a request for interest to accrue at the Reference Base Rate. If the circumstances giving rise to the notice described herein no longer exist, Lender who had previously given notice of the Lender unavailability of rate(s) shall notify Agent and Borrower and Agent in writing of that fact, and Borrower shall then once again become entitled to request that such an Adjusted LIBOR Rate Rates apply to the Loans in accordance with Section 2.7(b) hereof.

Unavailable LIBOR Rate. If any Lender determines that for any reason reason, fair and adequate means do not exist for establishing a particular Revolving LIBOR Rate or that a Revolving LIBOR Rate will not adequately and fairly reflect the cost to Lender of making or maintaining the principal amount of a particular LIBOR Rate Loan or that accruing interest on any Loan at an Adjusted LIBOR Rate by such Lender Loan has become unlawfulunlawful or is contrary to any internal policies (of general application), such Lender may give notice of that fact to Agent and Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies Borrower and Agent that the circumstances giving rise to such notice no longer exist, the interest rate or rates so identified in such Adjusted LIBOR Rate notice shall no longer be available in respect of Loansavailable. Thereafter, any Any subsequent request by Borrower to have interest accrue on a Loan at such an Adjusted a Revolving LIBOR Rate shall be deemed to be a request for interest to accrue at the Reference Revolving Prime Rate. If the circumstances giving rise to the notice described herein no longer exist, the Lender shall notify Borrower and Agent in writing of that fact, and Borrower shall then once again become entitled to request that such an Adjusted Revolving LIBOR Rate Rates apply to the Revolving Loans in accordance with Section 2.7(b) hereof2.4(b).

Unavailable LIBOR Rate. If any Lender determines that for any reason ---------------------- beyond Lender's control fair and adequate means do not exist for establishing a particular LIBOR Rate or that a specific LIBOR Rate will not adequately and fairly reflect the cost to it of making or maintaining the principal amount of a particular LIBOR Loan or that accruing interest on any Loan at an Adjusted a LIBOR Rate by such Lender has become unlawful, such Lender may give notice of that fact to Agent and the Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies the Borrower and Agent that the circumstances giving rise to such notice no longer exist, the interest rate or rates so identified in such Adjusted LIBOR Rate notice shall no longer be available in respect of Loansavailable. If, notwithstanding such notice, Borrower shall thereafter select a LIBOR Rate, the Lender shall promptly notify the Borrower again that a LIBOR Rate is unavailable. Thereafter, any subsequent request by the Borrower to have interest accrue on at a Loan at such an Adjusted LIBOR Rate shall be deemed to be a request for interest to accrue at the Reference Rate. If the circumstances giving rise to the notice described herein no longer exist, the Lender shall notify the Borrower and Agent in writing of that fact, and the Borrower shall then once again become entitled to request that such an Adjusted a LIBOR Rate apply to the Loans in accordance with Section 2.7(b2.5(d) hereof.

Unavailable LIBOR Rate. If any Lender determines that for any reason fair and adequate means do not exist for establishing a particular LIBOR Rate or that accruing interest on any Loan at an Adjusted LIBOR Rate by such Lender has become unlawful, such Lender may give notice of that fact to Agent and Borrower and such determination shall be conclusive and binding absent manifest error. After such notice has been given and until such Lender notifies Borrower and Agent that the circumstances giving rise to such notice no longer exist, such Adjusted LIBOR Rate shall no longer be available in respect of Loans. Thereafter, any request by Borrower to have interest accrue on a Loan at such an Adjusted LIBOR Rate shall be deemed to be a request for interest to accrue at the Adjusted Reference Rate. If the circumstances giving rise to the notice described herein no longer exist, the Lender shall notify Borrower and Agent in writing of that fact, and Borrower shall then once again become entitled to request that such an Adjusted LIBOR Rate apply to the Loans in accordance with Section 2.7(b) hereof.