Common use of Making or Maintaining Eurodollar Rate Loans Clause in Contracts

Making or Maintaining Eurodollar Rate Loans. (a) Inability to Determine Applicable Interest Rate. If, on or prior to any Interest Rate Determination Date with respect to any Interest Period for any Eurodollar Rate Borrowing, the Administrative Agent shall have determined (which determination shall be conclusive and binding on the parties hereto, absent manifest error) that by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the Adjusted Eurodollar Rate for such Interest Period, then the Administrative Agent shall give prompt notice (which may be telephonic) thereof to the Borrower and each Lender of such determination, whereupon (i) no Loans may be made as, or converted to, Eurodollar Rate Loans until such time as the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist and (ii) any Funding Notice or Conversion/Continuation Notice given by the Borrower with respect to the Loans in respect of which such determination was made shall be ineffective.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

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Making or Maintaining Eurodollar Rate Loans. (a) Inability to Determine Applicable Interest Rate. If, on or prior to any Interest Rate Determination Date with respect to any Interest Period for any Eurodollar Rate Borrowing, In the event that Administrative Agent shall have determined (which determination shall be final and conclusive and binding on the upon all parties hereto), absent manifest error) on any Interest Rate Determination Date with respect to any Eurodollar Rate Loans, that by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such Loans on the basis provided for in the definition of Adjusted Eurodollar Rate for such Interest PeriodRate, then the Administrative Agent shall on such date give prompt notice (which may be telephonicby telefacsimile or by telephone confirmed in writing) thereof to the Borrower and each Lender of such determination, whereupon (i) no Loans may be made as, or converted to, Eurodollar Rate Loans until such time as the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist exist, and (ii) ii any Funding Notice or Conversion/Continuation Notice given by the Borrower with respect to the Loans in respect of which such determination was made shall be ineffectivedeemed to be rescinded by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Muzak Finance Corp)

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Making or Maintaining Eurodollar Rate Loans. (a) Inability to Determine Applicable Interest Rate. IfIn the event that Administrative Agent shall have reasonably determined (which determination shall be final and conclusive and binding upon all parties hereto), on or prior to any Interest Rate Determination Date with respect to any Interest Period for any Eurodollar Rate BorrowingLoans, the Administrative Agent shall have determined (which determination shall be conclusive and binding on the parties hereto, absent manifest error) that by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such Loans on the basis provided for in the definition of Adjusted Eurodollar Rate for such Interest PeriodRate, then the Administrative Agent shall on such date give prompt notice (which may be telephonicby telefacsimile or by telephone confirmed in writing) thereof to the Borrower Company and each Lender of such determination, whereupon (i) no Loans may be made as, or converted to, Eurodollar Rate Loans until such time as the Administrative Agent notifies the Borrower Company and the Lenders that the circumstances giving rise to such notice no longer exist exist, which notice shall be given as soon as reasonably practicable and (ii) any Funding Notice or Conversion/Continuation Notice given by the Borrower Company with respect to the Loans in respect of which such determination was made shall be ineffectivedeemed to be rescinded by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Simmons Co /Ga/)

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