DETERMINATION UPON Sample Clauses

DETERMINATION UPON. UNAVAILABILITY OR NON-USE OF SPECIFIED CURRENCY. Except as set forth below in subsection 2(e), if (i) fewer than three bid quotations are available at the time a determination is to be made by the Calculation and Exchange Rate Agent pursuant to subsection 2(c), or (ii) the Calculation and Exchange Rate Agent received no later than 12:00 noon, New York City time, on such second Business Day preceding the applicable Payment Date notice from the Company that there exist exchange controls or other circumstances beyond the Company's control rendering such Specified Currency unavailable, then the Calculation and Exchange Rate Agent shall, prior to such Payment Date, notify the Company and the Trustee of the noon buying rate in New York City for cable transfers, in the Specified Currency indicated in such notice, as certified for customers' purposes by the Federal Reserve Bank of New York (the "Market Exchange Rate") as of such second Business Day. If the Market Exchange Rate for such date is not then available, the Calculation and Exchange Rate Agent shall immediately notify the Company and the Trustee of the most recently available Market Exchange Rate for such Specified Currency.