Inability to Determine Eurodollar Rate Sample Clauses

Inability to Determine Eurodollar Rate. In the event, prior to the commencement of any Interest Period relating to any Eurodollar Rate Loan, the Administrative Agent shall determine or be notified by the Required Lenders that adequate and reasonable methods do not exist for ascertaining the Eurodollar Rate that would otherwise determine the rate of interest to be applicable to any Eurodollar Rate Loan during any Interest Period, the Administrative Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower and the Lenders) to the Borrower and the Lenders. In such event (a) any Loan Request or Conversion Request with respect to Eurodollar Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans, (b) each Eurodollar Rate Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan, and (c) the obligations of the Lenders to make Eurodollar Rate Loans shall be suspended until the Administrative Agent or the Required Lenders determine that the circumstances giving rise to such suspension no longer exist, whereupon the Administrative Agent or, as the case may be, the Administrative Agent upon the instruction of the Required Lenders, shall so notify the Borrower and the Lenders.
Inability to Determine Eurodollar Rate. In the event that the Agent shall have determined prior to the first day of any Yield Period (which determination shall be conclusive and binding upon the parties hereto) by reason of circumstances affecting the interbank Eurodollar market, either (a) dollar deposits in the relevant amounts and for the relevant Yield Period are not available, (b) adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Yield Period or (c) the Eurodollar Rate determined pursuant hereto does not accurately reflect the cost to the Purchaser (as conclusively determined by the Agent) of maintaining any Portion of Investment during such Yield Period, the Agent shall promptly give telephonic notice of such determination, confirmed in writing, to the Seller prior to the first day of such Yield Period. Upon delivery of such notice (a) no Portion of Investment shall be funded thereafter at the Bank Rate determined by reference to the Eurodollar Rate, unless and until the Agent shall have given notice to the Seller that the circumstances giving rise to such determination no longer exist, and (b) with respect to any outstanding Portions of Investment then funded at the Bank Rate determined by reference to the Eurodollar Rate, such Bank Rate shall automatically be converted to the Bank Rate determined by reference to the Base Rate at the respective last days of the then-current Yield Periods relating to such Portions of Investment.
Inability to Determine Eurodollar Rate. If the Administrative Agent determines that for any reason adequate and reasonable means do not exist for determining the Eurodollar Base Rate for any requested Interest Period with respect to a proposed Eurodollar Rate Loan, or that the Eurodollar Base Rate for any requested Interest Period with respect to a proposed Eurodollar Rate Loan does not adequately and fairly reflect the cost to the Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower. Thereafter, the obligation of the Lenders to make or maintain Eurodollar Rate Loans shall be suspended until the Administrative Agent revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a Borrowing of, conversion to or continuation of a Eurodollar Rate Loan or, failing that, will be deemed to have converted such request into a request for a Borrowing of a Base Rate Loan in the amount specified therein.
Inability to Determine Eurodollar Rate. If, prior to the first day of any Eurodollar Tranche Period:
Inability to Determine Eurodollar Rate. In the event that the Agent determines (which determination shall be conclusive absent manifest error) that, by reason of circumstances affecting the London interbank market, quotation of Eurodollar Rates for any portion of the Note are not being provided in the relevant amounts or for the relevant maturities for the purpose of determining a Eurodollar Rate for any portion of the Principal Sum, the Agent will give notice of such determination to the Borrower and each Lender at least one day prior to the date of an advance or any subsequent Eurodollar Period for the Loan. If any such notice is given, no Lender shall have any obligation to make any advance or maintain any principal sum outstanding at a Eurodollar Rate. Until the earlier of the date any such notice has been withdrawn by the Agent or the date when the Lenders and the Borrower have mutually agreed upon an alternate method of determining the rates of interest payable on the Loan, as the case may be, the Borrower shall not have the right to have additional advances or maintain any portion of the Credit Facility at a Eurodollar Rate and interest shall accrue on all sums then outstanding under the Note and on any additional advances at the fluctuating prime rate of interest established and declared by the Agent from time to time (the "Prime Rate") and shall be adjusted immediately and contemporaneously with any change in the Prime Rate. Interest accruing at the Prime Rate shall be computed for the actual number of days which have elapsed from the date of each advance at the Prime Rate or the date of conversion to the Prime Rate on the basis of a 360-day year. The Prime Rate does not necessarily represent the lowest rate of interest charged by the Agent to Borrowers.
Inability to Determine Eurodollar Rate. Notwithstanding anything herein to the contrary, if Agent reasonably determines (which determination shall be conclusive) that (a) Agent is unable to determine the Eurodollar Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the Eurodollar Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (b) the Eurodollar Rate will not adequately reflect the cost to Majority Lenders of making or funding Eurodollar Rate Loans, then (i) the right of Borrower to select the Eurodollar Rate shall be suspended until Agent notifies Borrower that the circumstances causing such suspension no longer exist, and (ii) Borrower shall repay in full the then outstanding principal balance of all Eurodollar Rate Loans, together with interest accrued thereon, on the last day of the Interest Period applicable to each such Eurodollar Rate Loan.
Inability to Determine Eurodollar Rate. If, prior to the first day of any Fixed Period relating to any Funding Tranche maintained by reference to the Eurodollar Rate:
Inability to Determine Eurodollar Rate. If, prior to the first -------------------------------------- day of any Eurodollar Period:
Inability to Determine Eurodollar Rate. In the event that the -------------------------------------- Lender shall have determined (which determination shall be conclusive and binding upon the Borrower) that by reason of circumstances affecting the interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate applicable for any Eurodollar Interest Period with respect to (a) proposed Floating Rate Loans or (b) the continuation of Floating Rate Loans beyond the expiration of the then current Eurodollar Interest Period therefor, the Lender shall give notice of such event to the Borrower. Within 30 days following the date of such notice by the Lender, the Lender and the Borrower shall enter into negotiations in good faith with a view to agreeing to an alternative basis acceptable to the Borrower and the Lender for determining the interest rate (the "Substitute Eurodollar Rate") which shall --------------------------- be applicable during such Eurodollar Interest Period for the Floating Rate Loans to which such Eurodollar Interest Period applies and which shall reflect the cost to the Lender of funding such Floating Rate Loans for such Eurodollar Interest Period from alternate sources plus 165 basis points. At the expiration of 30 days from the giving of such notice by the Lender, the Substitute Eurodollar Rate agreed to by the Lender and the Borrower shall take effect with respect to such Eurodollar Interest Period from the beginning of such Eurodollar Interest Period.
Inability to Determine Eurodollar Rate. Notwithstanding any other provision of this Agreement, if (i) the Administrative Agent reasonably determines that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining a rate for Eurodollar Receivable Interests as provided in the definition of Adjusted Eurodollar Rate for any Fixed Period or (ii) Committed Purchasers representing at least a majority of the Aggregate Commitment shall determine (which determination shall be conclusive) that the rates for the purpose of computing the Adjusted Eurodollar Rate do not adequately and fairly reflect the cost to such Committed Purchasers of funding a Eurodollar Receivable Interests that the Seller has requested be outstanding as a Eurodollar Receivable Interest during such Fixed Period, the Administrative Agent shall forthwith give telephone notice of such determination, confirmed in writing, to the Seller and each Managing Agent at least two Business Days prior to the first day of such Fixed Period. Unless the Seller shall have notified the applicable Managing Agent upon receipt of such telephone notice that it wishes to rescind or modify its request regarding such Eurodollar Receivable Interest, any Receivable Interests that were requested to be funded as Eurodollar Receivable Interests shall be Base Rate Receivable Interests and any Receivable Interests that were requested to be converted into or continued as Eurodollar Receivable Interests shall be converted into Base Rate Receivable Interests. Until any such notice has been withdrawn by the Administrative Agent, no further Receivable Interests shall be funded as, continued as, or converted into, Eurodollar Receivable Interests.