Common use of Inability to Determine LIBOR Clause in Contracts

Inability to Determine LIBOR. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Administrative Agent shall determine or be notified by Required Lenders that adequate and reasonable methods do not exist for ascertaining LIBOR, Administrative Agent shall promptly provide notice of such determination to Borrower and Lenders (which shall be conclusive and binding on Borrower and Lenders). In such event (A) any request for a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (B) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating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 Lenders to make LIBOR Loans shall be suspended until Administrative Agent or Required Lenders determine that the circumstances giving rise to such suspension no longer exist, in which event Administrative Agent shall so notify Borrower and Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Warren Resources Inc), Credit Agreement (Warren Resources Inc), Credit Agreement (Palace Entertainment Holdings, Inc.)

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Inability to Determine LIBOR. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Administrative Agent shall determine or be notified in writing by Required Requisite Lenders that adequate and reasonable methods do not exist for ascertaining LIBOR, Administrative Agent shall promptly provide notice of such determination to Borrower and Lenders (which shall be conclusive and binding on Borrower and Lenders). In such event (A1) any request for a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (B2) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan and (C3) the obligations of Lenders to make LIBOR Loans shall be suspended until Administrative Agent or Required Requisite Lenders determine that the circumstances giving rise to such suspension no longer exist, in which event Administrative Agent upon the instructions of Requisite Lenders, shall so notify Borrower and Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Aki Holding Corp), Credit Agreement (Sunsource Inc)

Inability to Determine LIBOR. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Administrative Agent shall determine or be notified in writing by Required Lenders that adequate and reasonable methods do not exist for ascertaining LIBOR, Administrative Agent shall promptly provide notice of such determination to Borrower the Funds Administrator and Lenders (which shall be conclusive and binding on Borrower the Borrowers and Lenders). In such event (A1) any request for a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Prime Rate Loan, (B2) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Prime Rate Loan and (C3) the obligations of Lenders to make LIBOR Loans shall be suspended until Administrative Agent or Required Lenders determine that the circumstances giving rise to such suspension no longer exist, in which event Administrative Agent shall so notify Borrower the Funds Administrator and Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Comsys It Partners Inc), Term Loan Credit Agreement (Comsys It Partners Inc)

Inability to Determine LIBOR. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Administrative Agent or Required Lenders shall determine or be notified by Required Lenders that adequate and reasonable methods do not exist for ascertaining LIBOR, Administrative Agent Required Lenders shall promptly provide notice of such determination to Administrative Agent and Administrative Agent shall promptly provide such notice to Borrower and Lenders (which shall be conclusive and binding on Borrower and LendersBorrower). In such event (A1) any request for a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (B2) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan and (C3) the obligations of Lenders to make LIBOR Loans shall be suspended until Administrative Agent or Required Lenders determine that the circumstances giving rise to such suspension no longer exist, in which event Administrative Agent shall so notify Borrower and LendersBorrower.

Appears in 1 contract

Samples: Credit Agreement

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Inability to Determine LIBOR. In the event, prior to commencement of any Interest Period relating to a LIBOR Loan, Administrative Agent shall determine or be notified by Required Lenders that adequate and reasonable methods do not exist for ascertaining LIBOR, Administrative Agent shall promptly provide notice of such determination to Borrower Representative and Lenders (which shall be conclusive and binding on Borrower Borrowers and Lenders). In such event (A1) any request for a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (B2) each LIBOR Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Loan and (C3) the obligations of Lenders to make LIBOR Loans shall be suspended until Administrative Agent or Required Lenders determine that the circumstances giving rise to such suspension no longer exist, in which event Administrative Agent shall so notify Borrower Representative and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Loud Technologies Inc)

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