Common use of LIBOR Adjustment Clause in Contracts

LIBOR Adjustment. Notwithstanding anything herein to the contrary, in the event Administrative Agent shall have determined that Dollar deposits in the principal amounts of the Term Loan are not generally available in the London interbank market, or that the rates at which such dollar deposits are being offered will not adequately and fairly reflect the cost to Lender of making or maintaining loans at the LIBOR Rate or that reasonable means do not exist for ascertaining the LIBOR Rate, Administrative Agent will provide notice of such determination to Borrower (a “LIBOR Unavailability Notice”). In the event of any such determination, until Administrative Agent shall have advised Borrower that the circumstances giving rise to such notice no longer exist, interest on the Term Loan shall accrue by reference to the Term Loan Alternate Base Rate. Each determination by Administrative Agent under this Section 1.3(e) shall be conclusive absent manifest error.

Appears in 1 contract

Sources: Loan and Security Agreement (Enphase Energy, Inc.)

LIBOR Adjustment. Notwithstanding anything herein to the contrary, in the event Administrative Agent shall have determined that Dollar deposits in the principal amounts of the Term Loan are not generally available in the London interbank market, or that the rates at which such dollar deposits are being offered will not adequately and fairly reflect the cost to Lender of making or maintaining loans at the LIBOR Rate LIBOR, or that reasonable means do not exist for ascertaining the LIBOR RateLIBOR, Administrative Agent will will, as soon as practicable thereafter, provide notice of such determination to Borrower (a “LIBOR Unavailability Notice”). In the event of any such determination, until Administrative Agent shall have advised Borrower that the circumstances giving rise to such notice no longer exist, interest on the Term Loan shall accrue by reference to the Term Loan Alternate Base Rate. Each determination by Administrative Agent under this Section 1.3(e1.4(e) shall be conclusive absent manifest error.

Appears in 1 contract

Sources: Loan and Security Agreement (Arcadia Biosciences, Inc.)

LIBOR Adjustment. Notwithstanding anything herein to the contrary, in the event Administrative Agent shall have determined that Dollar deposits in the principal amounts of the Term Loan are not generally available in the London interbank market, or that the rates at which such dollar deposits are being offered will not adequately and fairly reflect the cost to Lender of making or maintaining loans at the LIBOR Rate Rate, or that reasonable means do not exist for ascertaining the LIBOR Rate, Administrative Agent will will, as soon as practicable thereafter, provide notice of such determination to Borrower (a “LIBOR Unavailability Notice”). In the event of any such determination, until Administrative Agent shall have advised Borrower that the circumstances giving rise to such notice no longer exist, interest on the Term Loan shall accrue by reference to the Term Loan Alternate Base Rate. Each determination by Administrative Agent under this Section 1.3(e) shall be conclusive absent manifest error.

Appears in 1 contract

Sources: Loan and Security Agreement (Enphase Energy, Inc.)