Common use of Temporary Inability Clause in Contracts

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in the event, prior to commencement of any Interest Period relating to a LIBOR Rate Advance, Bank shall determine that: (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined Bank will not adequately and fairly reflect the cost to Bank of funding its LIBOR Rate Advances for such Interest Period, or (D) the making or funding of LIBOR Rate Advances has become impracticable; then, in any such case, Bank shall promptly provide notice of such determination to the Borrower (which shall be conclusive and binding on it), and (x) any request for a LIBOR Rate Advance or for a conversion to or continuation of a LIBOR Rate Advance shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Rate Advance will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate Advance, and (z) the obligations of Bank to make LIBOR Rate Advances shall be suspended until Bank determines that the circumstances giving rise to such suspension no longer exist, in which event Bank shall so notify the Borrower

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in In the event, prior to commencement of any Interest Period relating to a LIBOR Rate AdvanceLoan, Bank Lender shall determine that: (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate market Market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined Bank by Lender will not adequately and fairly reflect the cost to Bank Lender of funding its LIBOR Rate Advances Loans for such Interest Period, or (D) the making or funding of LIBOR Rate Advances Loans has become impracticable; then, in any such case, Bank Lender shall promptly provide notice of such determination to the Administrative Borrower (which shall be conclusive and binding on itBorrowers), and (x) any request for a LIBOR Rate Advance Loan or for a conversion to or any continuation of a LIBOR Rate Advance Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Rate Advance Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate AdvanceLoan, and (z) the obligations of Bank Lender to make LIBOR Rate Advances Loans shall be suspended until Bank Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Bank Lender shall so notify the Administrative Borrower.

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in In the event, prior to commencement of any Interest Rate Tranche Period relating to a LIBOR Rate AdvancePurchase, Bank Agent shall determine that: (Ai) that deposits in Dollars dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Rate Tranche Period, (Bii) by reason of circumstances affecting the London Interbank Offered Rate market Market adequate and reasonable methods do not exist for ascertaining LIBORthe LIBO Rate, (Ciii) LIBOR the LIBO Rate as determined Bank by Agent will not adequately and fairly reflect the cost to Bank the Purchaser of funding its LIBOR Rate Advances their Purchase for such Interest Period, Rate Tranche Period or (Div) the making or funding of LIBOR Purchases at the LIBO Rate Advances has become becomes impracticable; then, in any such case, Bank Agent shall promptly provide notice of such determination to the Borrower Seller (which shall be conclusive and binding on itthe Seller), and (x) any request for a LIBOR Purchase at the LIBO Rate Advance or for a conversion to or continuation of a LIBOR Rate Advance shall be automatically withdrawn and shall be deemed a request for a an Alternate Base Rate LoanPurchase, (y) each LIBOR LIBO Rate Advance Purchase will automatically, on the last day of the then current Interest Rate Tranche Period relating thereto, become a an Alternate Base Rate AdvancePurchase, and (z) the obligations of Bank the Purchasers to make LIBOR Purchase as the LIBO Rate Advances shall be suspended until Bank Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Bank Agent shall so notify the BorrowerSeller.

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in In the event, prior to commencement of any Interest Period relating to a LIBOR Rate AdvanceLoan, Bank Agent shall determine that: that (A) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (B) by reason of circumstances affecting the London Interbank Offered Rate market Market adequate and reasonable methods do not exist for ascertaining LIBOR, (C) LIBOR as determined Bank by Agent will not adequately and fairly reflect the cost to Bank the Lenders of funding its their LIBOR Rate Advances Loans for such Interest Period, Period or (D) the making or funding of LIBOR Rate Advances has Loans become impracticable; then, in any such case, Bank Agent shall promptly provide notice of such determination to the Borrower and Lenders (which shall be conclusive and binding on itBorrower and Lenders), and (x) any request for a LIBOR Rate Advance Loan or for a conversion to or continuation of a LIBOR Rate Advance Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan, (y) each LIBOR Rate Advance Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Rate AdvanceLoan, and (z) the obligations of Bank Lenders to make LIBOR Rate Advances Loans shall be suspended until Bank Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Bank Agent shall so notify the BorrowerBorrower and Lenders.

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in In the event, prior to commencement of any Interest Period relating to a LIBOR Rate AdvanceLoan, Bank Lender shall reasonably determine that: that (Aa) deposits in Dollars U.S. dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (Bb) by reason of circumstances affecting the London Interbank Offered Rate market Market adequate and reasonable methods do not exist for ascertaining LIBOR, (Cc) LIBOR as determined Bank by Lender will not adequately and fairly reflect the cost to Bank Lender of funding its LIBOR Rate Advances Loans for such Interest Period, Period or (Dd) the making or funding of LIBOR Rate Advances Loans has become demonstrably impracticable; , then, provided Lender shall have made the same determination with regard to the availability of LIBOR based loans as to similarly situated counterparties with similar assets in any such casesimilar facilities, Bank Lender shall promptly provide notice of such determination to the Borrower (which shall be conclusive and binding on itBorrower absent demonstrative error), and (x) any request for a LIBOR Rate Advance or for a conversion to or continuation of a LIBOR Rate Advance Loan made after Lender provides such notice shall be automatically withdrawn and shall be deemed a request for a Base Prime Rate Loan, (y) each LIBOR Rate Advance Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Prime Rate AdvanceLoan, and (z) the obligations of Bank Lender to make LIBOR Rate Advances Loans shall be suspended until Bank Lender reasonably determines that the circumstances giving rise to such suspension no longer exist, in which event Bank Lender shall so notify the Borrower.

Temporary Inability. Subject to Section 2.8(b) below (to the extent applicable), in In the event, prior to commencement of any Interest Period relating to a LIBOR Rate AdvanceLoan, Bank Lender shall determine that: that (Ai) deposits in Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Interest Period, (Bii) by reason of circumstances affecting the London Interbank Offered Rate market Market adequate and reasonable methods do not exist for ascertaining LIBORthe LIBOR Rate, (Ciii) the LIBOR Rate as determined Bank by Lender will not adequately and fairly reflect the cost to Bank Lender of funding its their LIBOR Rate Advances Loans for such Interest Period, or (Div) the making or funding of LIBOR Rate Advances has become Loans becomes impracticable; then, in any such case, Bank Lender shall promptly provide notice of such determination to the Borrower (which shall be conclusive and binding on itBorrower), and (x) any request for a LIBOR Rate Advance Loan or for a conversion to or continuation of a LIBOR Rate Advance Loan shall be automatically withdrawn and shall be deemed a request for a Base Prime Rate Loan, (y) each LIBOR Rate Advance Loan will automatically, on the last day of the then current Interest Period relating thereto, become a Base Prime Rate AdvanceLoan, and (z) the obligations of Bank Lender to make LIBOR Rate Advances Loans shall be suspended until Bank Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Bank Lender shall so notify the Borrower.