Inability to Determine Rate definition

Inability to Determine Rate. If, in connection with any request for a Term SOFR Loan or a conversion to or continuation thereof, as applicable, (a) Agent determines (which determination shall be conclusive absent manifest error) that (i) no Successor Rate has been determined in accordance with Section 2.11(b), and the circumstances under Section 2.11(b)(i) or the Scheduled Unavailability Date has occurred (as applicable), or (ii) adequate and reasonable means do not otherwise exist for determining Term SOFR for any requested Interest Period with respect to a proposed Term SOFR Loan or in connection with an existing or proposed ABR Loan, or (b) Administrative Agent or Required Lenders determine that for any reason Term SOFR for any requested Interest Period with respect to a proposed Term SOFR Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, Administrative Agent will promptly so notify Borrowers and Lenders. Thereafter, (x) the obligation of Lenders to make, maintain, or convert ABR Loans to, Term SOFR Loans shall be suspended (to the extent of the affected Term SOFR Loans or Interest Periods), and (y) in the event of a determination described in the preceding sentence with respect to the Term SOFR component of Alternate Base Rate, the utilization of such component in determining Alternate Base Rate shall be suspended, in each case until Administrative Agent (or, in the case of a determination by Required Lenders described above, until Administrative Agent upon instruction of Required Lenders) revokes such notice. Upon receipt of such notice, (I) Borrowers may revoke any pending request for a Borrowing, conversion or continuation of Term SOFR Loans (to the extent of the affected Term SOFR Loans or Interest Periods) or, failing that, will be deemed to have converted such request into a request for ABR Loans, and (II) any outstanding Term SOFR Loans shall convert to ABR Loans at the end of their respective Interest Periods.
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Examples of Inability to Determine Rate in a sentence

  • ADDITIONAL PROVISIONS RELATING TO LIBOR FIXED RATE LOANS; INCREASED CAPITAL; TAXES 24 Section 3.1. Requirements of Law 24 Section 3.2. Taxes 25 Section 3.3. Funding Losses 26 Section 3.4. Change of Lending Office 26 Section 3.5. Eurodollar Rate or Alternate Currency Rate Lending Unlawful; Inability to Determine Rate 26 Section 3.6. Replacement of Lenders 27 Section 3.7. Discretion of Lenders as to Manner of Funding 27 ARTICLE IV.

  • TAXES 46 46 Section 3.1. Requirements of Law 46 Section 3.2. Taxes 48 Section 3.3. Mitigation Obligations; Replacement of Lenders 51 Section 3.4. Funding Losses 52 Section 3.5. Eurodollar Rate Lending Unlawful; Inability to Determine Rate 53 ARTICLE IV.

Related to Inability to Determine Rate

  • Reference Rate Determination Date means, in relation to any Reference Rate Business Day(i):

  • LIBOR Determination Date With respect to any Interest Accrual Period for the LIBOR Certificates, the second London Business Day preceding the commencement of such Interest Accrual Period.

  • Pricing Rate Determination Date means with respect to any Pricing Rate Period with respect to any Transaction, the second (2nd) Business Day preceding the first day of such Pricing Rate Period.

  • Fallback Rate means, where a Permanent Discontinuation Trigger for an Applicable Benchmark Rate has occurred, the rate that applies to replace that Applicable Benchmark Rate in accordance with Condition 5.3(b)(i)(B);

  • LIBOR Market Index Rate means, for any day, LIBOR as of that day that would be applicable for a LIBOR Loan having a one-month Interest Period determined at approximately 10:00 a.m. Central time for such day (rather than 11:00 a.m. (London time) two Business Days prior to the first day of such Interest Period as otherwise provided in the definition of “LIBOR”), or if such day is not a Business Day, the immediately preceding Business Day. The LIBOR Market Index Rate shall be determined on a daily basis.

  • Rate Determination Date means two (2) Business Days prior to the commencement of such Interest Period (or such other day as is generally treated as the rate fixing day by market practice in such interbank market, as determined by the Administrative Agent; provided that to the extent such market practice is not administratively feasible for the Administrative Agent, then “Rate Determination Date” means such other day as otherwise reasonably determined by the Administrative Agent).

  • Rate Determination Notice has the meaning specified in Section 3.07(g).

  • Interest Rate Determination Date means, with respect to any Interest Period, the date that is two Business Days prior to the first day of such Interest Period.

  • Index Determination Date means, in relation to any Index, a date on which such Indexfalls to be determined in accordance with the Conditions;

  • Market Disruption Rate means the rate (if any) specified as such in the Reference Rate Terms.

  • Base Rate Term SOFR Determination Day has the meaning specified in the definition of “Term SOFR”.

  • Adjusted LIBOR Rate means, at any time with respect to any LIBOR Loan, a rate per annum equal to the LIBOR Rate as in effect at such time plus the Applicable Margin Percentage for LIBOR Loans as in effect at such time.

  • Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined and the Reference Rate specified in the applicable Final Terms is not XXXXX or SOFR, the Rate of Interest for each Interest Period will, subject as provided below, be either:

  • Base LIBOR Rate means the rate per annum, determined by Agent in accordance with its customary procedures, and utilizing such electronic or other quotation sources as it considers appropriate (rounded upwards, if necessary, to the next 1/16%), on the basis of the rates at which Dollar deposits are offered to major banks in the London interbank market on or about 11:00 a.m. (California time) 2 Business Days prior to the commencement of the applicable Interest Period, for a term and in amounts comparable to the Interest Period and amount of the LIBOR Rate Loan requested by Administrative Borrower in accordance with this Agreement, which determination shall be conclusive in the absence of manifest error.

  • Reset Determination Date means, in respect of the First Reset Period, the second Business Day prior to the First Reset Date and, in respect of each Subsequent Reset Period thereafter, the second Business Day prior to the first day of each such Subsequent Reset Period;

  • Eurodollar Base Rate has the meaning specified in the definition of Eurodollar Rate.

  • Adjusted Eurodollar Rate means for any Interest Period with respect to any Eurodollar Loan, an interest rate per annum (rounded upwards, if necessary, to the next 1/100 of 1.00%) equal to (a) the Eurodollar Rate for such Interest Period multiplied by (b) the Statutory Reserves.

  • Applicable LIBOR Rate means, (a) for Auction Periods of 35 days or less, One-Month LIBOR, (b) for Auction Periods of more than 35 days but less than 91 days, Three-Month LIBOR, (c) for Auction Periods of more than 90 days but less than 181 days, Six-Month LIBOR, and (d) for Auction Periods of more than 180 days, One-Year LIBOR.

  • Alternate Rate means, for any day, the sum of (a) a rate per annum selected by the Administrative Agent, in its reasonable discretion based on market conditions in consultation with the Company (and any applicable Subsidiary Borrower) and the relevant Lenders, plus (b) the Applicable Margin for Eurocurrency Loans. When used in reference to any Loan, “Alternate Rate” refers to whether such Loan is bearing interest at a rate determined by reference to the Alternate Rate.

  • Curr Rate CLTV: Prin Bal: Maturity Date: Lien Pos: 4096851 CA 300 14 131995.17 52000 586.09 701 409685100000000 8 299 1 152000 12/07/2000 42 XXXXXXXXX 00000 2 12.990 122 51976.81 12/13/2025 2 4096852 WI 300 14 114701.82 47200 586.31 669 409685200000000 8 299 1 143000 12/07/2000 46 KENOSHA 53143 2 14.500 114 47184.02 12/13/2025 2 4096853 NY 180 14 71476 18000 227.63 701 409685300000000 6 179 1 71900 12/07/2000 40 SYRACUSE 13212 2 12.990 125 17967.22 12/13/2015 2 4096854 LA 180 14 74040.09 25000 349.73 663 409685400000000 6 179 1 82000 12/07/2000 00 XXXX XXXXXX 00000 2 14.990 121 24962.56 12/13/2015 2 4096857 MO 301 14 152510.3 44500 561.36 685 409685700000000 8 299 1 160000 11/30/2000 47 O'FALLON 63366 2 14.750 124 44485.62 12/08/2025 2 4096858 MI 240 14 143231.7 50000 649.18 684 409685800000000 9 239 1 160000 12/07/2000 47 XXXXXXXXXX XXXXX 00000 2 14.750 121 49965.4 12/13/2020 2 4096859 MN 300 14 144985.47 39600 499.55 675 409685900000000 8 299 1 152000 12/05/2000 45 XXXXXX XXXX 00000 2 14.750 122 39587.2 12/11/2025 2 4096860 NY 300 14 61663 25000 320.02 662 409686000000000 8 299 1 73000 12/07/2000 37 NEWBURGH 12550 2 14.990 119 24992.27 12/13/2025 2 4096861 GA 300 14 105425.2 35000 421.05 682 409686100000000 8 299 1 145000 12/04/2000 46 XXXXX XXXXX 00000 2 13.990 97 34986.99 12/08/2025 2 4096862 CA 180 14 139196.02 48950 639.61 719 409686200000000 6 179 1 172500 12/07/2000 40 MANTECA 95337 2 13.630 110 48865.79 12/13/2015 2 4096863 RI 300 14 73031.81 45500 534.7 704 409686300000000 8 299 1 95000 12/06/2000 45 WARWICK 2889 2 13.630 125 45481.91 12/12/2025 2 4096864 TN 180 4 67449.68 26500 407.65 644 409686400000000 6 179 1 79000 12/07/2000 37 XXXXXXX CITY 37615 2 16.990 119 26467.55 12/13/2015 2 4096866 ND 180 14 82471.06 35000 477.93 686 409686600000000 6 179 1 100000 12/04/2000 39 NORWICH 58768 2 14.500 118 34944.99 12/08/2015 2 4096867 MO 180 14 100576 35000 538.41 641 409686700000000 6 179 1 118500 12/05/2000 40 LEES SUMMIT 64081 2 16.990 115 34957.13 12/11/2015 2 4096868 IL 300 14 126816.92 40500 479.79 664 409686800000000 8 299 1 134000 12/06/2000 50 ALGONQUIN 60102 2 13.750 125 40364.06 12/13/2025 2 4096869 WA 180 14 127607.19 47300 661.69 665 409686900000000 6 179 1 140000 12/05/2000 44 RICHLAND 99352 2 14.990 125 47225.86 12/11/2015 2 Page 242 of 409

  • Index Disruption means in respect of an Index on any Valuation Date, the Index Sponsor fails to calculate and announce such Index.

  • Eurodollar Rate with respect to each day during each Interest Period pertaining to a Eurodollar Loan, a rate per annum determined for such day in accordance with the following formula (rounded upward to the nearest 1/100th of 1%):

  • TIA Applicability Determination As defined in Section 12.12.

  • Market Disruption means any of the following events or situations if, in the determination of the Calculation Agent, any of these is material to the valuation of a Reference Item or any Hedging Arrangements of the Issuer in relation to the Securities provided that any Market Disruption in respect of a Relevant Reference Item shall be deemed to be a Market Disruption in respect of the related Reference Item:

  • Periodic Term SOFR Determination Day has the meaning specified in the definition of “Term SOFR”.

  • Adjusted One Month LIBOR Rate means, an interest rate per annum equal to the sum of (i) 1.00% per annum plus (ii) the Adjusted LIBO Rate for a one month Interest Period on such day (or if such day is not a Business Day, the immediately preceding Business Day); provided that, for the avoidance of doubt, the Adjusted LIBO Rate for any day shall be based on the Screen Rate at approximately 11:00 a.m. London time on such day.