Common use of Suspension of the LIBO Rate Clause in Contracts

Suspension of the LIBO Rate. (a) If any Liquidity Bank notifies the Administrative Agent that (i) such Liquidity Bank has determined that funding its Pro Rata Share of the Liquidity Fundings at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (ii) deposits of a type and maturity appropriate to match fund its Liquidity Funding at such LIBO Rate are not available or (iii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Liquidity Funding at such LIBO Rate, then the Administrative Agent shall suspend the availability of such LIBO Rate and require Borrower to select the Alternate Base Rate for any Liquidity Funding accruing Interest at such LIBO Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Spherion Corp), Credit and Security Agreement (Spherion Corp)

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Suspension of the LIBO Rate. (a) If any Liquidity Bank notifies the Administrative Agent that (i) such Liquidity Bank it has reasonably determined that funding its Pro Rata Share of the Liquidity Fundings at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (iii) deposits of a type and maturity appropriate to match fund its Liquidity Funding at such LIBO Rate are not available or (iiiii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Liquidity Funding at such LIBO Rate, then the Administrative Agent shall suspend the availability of such LIBO Rate and require Borrower to select the Alternate Base Rate for any Liquidity Funding accruing Interest at such LIBO Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (National Service Industries Inc), Credit and Security Agreement (Equifax Inc)

Suspension of the LIBO Rate. (a) If any Liquidity Bank notifies the Administrative Agent that (i) such Liquidity Bank it has determined that funding its Pro Rata Share of the Liquidity Fundings at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (iii) deposits of a type and maturity appropriate to match fund its Liquidity Funding at such LIBO Rate are not available or (iiiii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Liquidity Funding at such LIBO Rate, then the Administrative Agent shall suspend the availability of such LIBO Rate and require Borrower to select the Alternate Base Rate for any Liquidity Funding accruing Interest at such LIBO Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Massey Energy Co)

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Suspension of the LIBO Rate. (a) If any Liquidity Bank notifies the Administrative Agent that (i) such Liquidity Bank it has determined that funding its Pro Rata Share ratable share of the Liquidity Fundings at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (iii) deposits of a type and maturity appropriate to match fund its Liquidity Funding at such LIBO Rate are not available or (iiiii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Liquidity Funding at such LIBO Rate, then the Administrative Agent shall suspend the availability of such LIBO Rate and require Borrower the Seller to select the Alternate Base Rate for any Liquidity Funding accruing Interest Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Thomas & Betts Corp)

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