Common use of INTEREST RATE NOT ASCERTAINABLE, ETC Clause in Contracts

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Rent Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such market, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee and to the other Funding Parties, of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties to make or permit portions of the Funded Amounts to remain outstanding past the last day of the then current Rent Periods as LIBOR Advances shall be suspended, and such affected LIBOR Advances shall bear

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Agent's position in such market, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Dollar and to the other Funding PartiesLenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Dollar that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Fundings to remain outstanding past the last day of the then current Rent Periods as LIBOR Advances shall be suspended, and such affected LIBOR Advances shall bearbear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Rent Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent's position in such market, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Xxxxxx and to the other Funding Parties, Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Xxxxxx that the circumstances giving rise to the suspension notice described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Revolving Loans to remain outstanding past the last day of the then current Rent Interest Periods as LIBOR Advances shall be suspended, and such affected LIBOR Advances shall bearbear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Rent Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such market, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Borrower and to the other Funding PartiesLenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Revolving Loans to remain outstanding past the last day of the then current Rent Interest Periods as LIBOR Eurodollar Advances shall be suspended, and such affected LIBOR Advances shall bearbear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Rent Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketmarkets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Borrower and to the other Funding Parties, Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Loans to remain outstanding past the last day of the then current Rent Interest Periods as LIBOR Advances Eurodollar Loans, as the case may be, shall be suspended, and such affected LIBOR Advances Loans shall bearbear the same interest as Base Rate Loans.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent ------------------------------------ Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest mani fest error, shall be final, conclusive and binding upon all partiespar ties) that on any date for determining LIBOR for any Rent Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketmarkets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Borrower and to the other Funding Parties, Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Revolving Loans, 364-Day Loans, or Seasonal Loans to remain outstanding past the last day of the then current Rent Interest Periods as LIBOR Advances Eurodollar Advances, as the case may be, shall be suspended, and such affected LIBOR Advances shall bearbear the same interest as Base Rate Advances.

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Rent Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent's position in such marketmarkets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Lessee Borrower and to the other Funding Parties, Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Lessee Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the other Funding Parties Lenders to make or permit portions of the Funded Amounts Revolving Loans or 364-Day Loans to remain outstanding past the last day of the then current Rent Interest Periods as LIBOR Advances Eurodollar Advances, as the case may be, shall be suspended, and such affected LIBOR Advances shall bearbear the same interest as Base Rate Advances.