Common use of Eurodollar Rate Basis Determination Clause in Contracts

Eurodollar Rate Basis Determination. Notwithstanding anything contained in this Agreement which may be construed to the contrary, if with respect to any proposed Eurodollar Advance for any Eurodollar Advance Period, the Administrative Agent determines (which determination shall be conclusive absent manifest error) that (a) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Eurodollar Advance Period or (b) is advised in writing by the Majority Lenders that the Eurodollar Basis for such Eurodollar Advance Period will not adequately and fairly reflect the cost to the Lenders of making or maintaining the Loan for such Eurodollar Advance Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such situation no longer exist, the obligations of the Lenders to make Eurodollar Advances shall be suspended.

Appears in 3 contracts

Samples: Credit Agreement (Fluent, Inc.), Credit Agreement, Credit Agreement (Cogint, Inc.)

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Eurodollar Rate Basis Determination. Notwithstanding anything contained in this Agreement herein which may be construed to the contrary, if with respect to any proposed Eurodollar Advance for any Eurodollar Advance Period, the Administrative Agent (a) determines (which determination shall be conclusive absent manifest error) that (a) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Eurodollar Advance Period or (b) is advised in writing by the Majority Lenders that the Eurodollar Basis for such Eurodollar Advance Period will not adequately and fairly reflect the cost to the Lenders of making or maintaining the Loan Loans for such Eurodollar Advance Period, the Administrative Agent shall forthwith give notice thereof to the Administrative Borrower and the Lenders, whereupon until the Administrative Agent notifies the Administrative Borrower that the circumstances giving rise to such situation no longer exist, the obligations of the Lenders to make Eurodollar Advances shall be suspended.

Appears in 2 contracts

Samples: Credit Agreement (New York Times Co), Credit Agreement (American Fiber Systems, Inc.)

Eurodollar Rate Basis Determination. Notwithstanding anything contained in this Agreement herein which may be construed to the contrary, if with respect to any proposed Eurodollar Advance for any Eurodollar Advance Period, the Administrative Agent (a) determines (which determination shall be conclusive absent manifest error) that (a) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Eurodollar Advance Period or (b) is advised in writing by the Majority Lenders that the Eurodollar Basis for such Eurodollar Advance Period will not adequately and fairly reflect the cost to the Lenders of making or maintaining the Loan Loans for such Eurodollar Advance Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Camping World and the Lenders, whereupon until the Administrative Agent notifies the Borrower Camping World that the circumstances giving rise to such situation no longer exist, the obligations of the Lenders to make or continue, or convert Base Rate Advances into, Eurodollar Advances shall be suspendedsuspended until the circumstances giving rise to such situation no longer exist.

Appears in 2 contracts

Samples: Credit Agreement (Affinity Guest Services, LLC), Credit Agreement (Affinity Group Holding, Inc.)

Eurodollar Rate Basis Determination. Notwithstanding anything contained in this Agreement herein which may be construed to the contrary, if with respect to any proposed Eurodollar Advance for any Eurodollar Advance Period, the Administrative Agent (a) determines (which determination shall be conclusive absent manifest errorerror and binding upon the Borrowers) that (a) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Eurodollar Advance Period or (b) is advised in writing by the Majority Lenders that the Eurodollar Basis for such Eurodollar Advance Period will not adequately and fairly reflect the cost to the Lenders of making or maintaining the Loan Loans for such Eurodollar Advance Period, the Administrative Agent shall forthwith give notice thereof to the Administrative Borrower and the Lenders, whereupon until the Administrative Agent notifies the Administrative Borrower that the circumstances giving rise to such situation no longer exist, the obligations of the Lenders to make Eurodollar Advances shall be suspended.

Appears in 1 contract

Samples: Credit Agreement (Oxford Industries Inc)

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Eurodollar Rate Basis Determination. Notwithstanding anything contained in this Agreement herein which may be construed to the contrary, if with respect to any proposed Eurodollar Advance Loan for any Eurodollar Advance Loan Period, the applicable Administrative Agent (a) determines (which determination shall be conclusive absent manifest error) that (a) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Eurodollar Advance Loan Period or (b) is advised in writing by the Majority Lenders that the Eurodollar Basis for such Eurodollar Advance Loan Period will not adequately and fairly reflect the cost to the Lenders of making or maintaining the Loan Loans for such Eurodollar Advance Loan Period, the such Administrative Agent shall forthwith give notice thereof to the Administrative Borrower and the Lenders, whereupon until the such Administrative Agent notifies the Administrative Borrower that the circumstances giving rise to such situation no longer exist, the obligations of the Lenders to make Eurodollar Advances Loans shall be suspended.

Appears in 1 contract

Samples: Credit Agreement (Zayo Group LLC)

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