Common use of Temporary Inability Clause in Contracts

Temporary Inability. In the event, prior to commencement of any Rate Tranche Period relating to a Purchase, Agent shall determine (i) that deposits in dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Period, (ii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO Rate, (iii) the LIBO Rate as determined by Agent will not adequately and fairly reflect the cost to the Purchaser of funding their Purchase for such Rate Tranche Period or (iv) the making or funding of Purchases at the LIBO Rate becomes impracticable; then, Agent shall promptly provide notice of such determination to the Seller (which shall be conclusive and binding on the Seller), and (x) any request for Purchase at the LIBO Rate shall be automatically withdrawn and shall be deemed a request for an Alternate Base Rate Purchase, (y) each LIBO Rate Purchase will automatically, on the last day of the then current Rate Tranche Period relating thereto, become an Alternate Base Rate Purchase, and (z) the obligations of the Purchasers to Purchase as the LIBO Rate shall be suspended until Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Agent shall so notify the Seller.

Temporary Inability. In the event, prior to commencement of any Rate Tranche Interest Period relating to a PurchaseLIBOR-based Advance, Agent the Bank shall determine that (i) that deposits in dollars Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Interest Period, (ii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO RateLIBOR, (iii) the LIBO Rate LIBOR as determined by Agent the Bank will not adequately and fairly reflect the cost to the Purchaser Bank of funding their Purchase a LIBOR-based Advance for such Rate Tranche Interest Period or (iv) the making or funding of Purchases at the LIBO Rate becomes a LIBOR-based Advance become impracticable; then, Agent the Bank shall promptly provide notice of such determination to the Seller Borrower (which shall be conclusive and binding on the SellerBorrower), and (x) any request for Purchase at the LIBO Rate a LIBOR-based Advance or for a conversion to or continuation of a LIBOR-based Advance shall be automatically withdrawn and shall be deemed a request for an Alternate Base Rate Purchasea Prime-based Advance, (y) each LIBO Rate Purchase LIBOR-based Advance will automatically, on the last day of the then current Rate Tranche Interest Period relating thereto, become an Alternate Base Rate Purchasea Prime-based Advance, and (z) the obligations of the Purchasers Bank to Purchase as the LIBO Rate make a LIBOR-based Advance shall be suspended until Agent the Bank determines that the circumstances giving rise to such suspension no longer exist, in which event Agent the Bank shall so notify the Seller.Borrower,

Temporary Inability. In the event, prior to commencement of any Rate Tranche Interest Period relating to a PurchaseLIBOR Loan, Agent shall determine that (iA) that deposits in dollars Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Interest Period, (iiB) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO RateLIBOR, (iiiC) the LIBO Rate LIBOR as determined by Agent will not adequately and fairly reflect the cost to the Purchaser Lenders of funding their Purchase LIBOR Loans for such Rate Tranche Interest Period or (ivD) the making or funding of Purchases at the LIBO Rate becomes LIBOR Loans become impracticable; then, Agent shall promptly provide notice of such determination to the Seller Borrower and Lenders (which shall be conclusive and binding on the SellerBorrower and Lenders), and (x) any request for Purchase at the LIBO Rate a LIBOR Loan or for a conversion to or continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for an Alternate a Base Rate PurchaseLoan, (y) each LIBO Rate Purchase LIBOR Loan will automatically, on the last day of the then current Rate Tranche Interest Period relating thereto, become an Alternate a Base Rate PurchaseLoan, and (z) the obligations of the Purchasers Lenders to Purchase as the LIBO Rate make LIBOR Loans shall be suspended until Agent determines that the circumstances giving rise to such suspension no longer exist, in which event Agent shall so notify the SellerBorrower and Lenders.

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

Temporary Inability. In the event, prior to commencement of any Rate Tranche Interest Period relating to a PurchaseLIBOR Rate Loan, Agent Lender shall determine that (i) that deposits in dollars Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Interest Period, (ii) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO LIBOR Rate, (iii) the LIBO LIBOR Rate as determined by Agent Lender will not adequately and fairly reflect the cost to the Purchaser Lender of funding their Purchase LIBOR Rate Loans for such Rate Tranche Period Interest Period, or (iv) the making or funding of Purchases at the LIBO LIBOR Rate Loans becomes impracticable; then, Agent Lender shall promptly provide notice of such determination to the Seller Borrower (which shall be conclusive and binding on the SellerBorrower), and (x) any request for Purchase at the LIBO a LIBOR Rate Loan or for a conversion to or continuation of a LIBOR Rate Loan shall be automatically withdrawn and shall be deemed a request for an Alternate Base a Prime Rate PurchaseLoan, (y) each LIBO LIBOR Rate Purchase Loan will automatically, on the last day of the then current Rate Tranche Interest Period relating thereto, become an Alternate Base a Prime Rate PurchaseLoan, and (z) the obligations of the Purchasers Lender to Purchase as the LIBO make LIBOR Rate Loans shall be suspended until Agent Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Agent Lender shall so notify the SellerBorrower.

Temporary Inability. In the event, prior to commencement of any Rate Tranche Interest Period relating to a PurchaseLIBOR Loan, Agent Lender shall determine that: (iA) that deposits in dollars Dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Interest Period, (iiB) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO RateLIBOR, (iiiC) the LIBO Rate LIBOR as determined by Agent Lender will not adequately and fairly reflect the cost to the Purchaser Lender of funding their Purchase LIBOR Loans for such Rate Tranche Period Interest Period, or (ivD) the making or funding of Purchases at the LIBO Rate becomes LIBOR Loans has become impracticable; then, Agent in any such case, Lender shall promptly provide notice of such determination to the Seller Administrative Borrower (which shall be conclusive and binding on the SellerBorrowers), and (x) any request for Purchase at the LIBO Rate a LIBOR Loan or any continuation of a LIBOR Loan shall be automatically withdrawn and shall be deemed a request for an Alternate a Base Rate PurchaseLoan, (y) each LIBO Rate Purchase LIBOR Loan will automatically, on the last day of the then current Rate Tranche Interest Period relating thereto, become an Alternate a Base Rate PurchaseLoan, and (z) the obligations of the Purchasers Lender to Purchase as the LIBO Rate make LIBOR Loans shall be suspended until Agent Lender determines that the circumstances giving rise to such suspension no longer exist, in which event Agent Lender shall so notify the SellerAdministrative Borrower.

Temporary Inability. In the event, prior to commencement of any Rate Tranche Interest Period relating to a PurchaseLIBOR Rate Loan, Agent Lender shall reasonably determine that (ia) that deposits in U.S. dollars (in the applicable amounts) are not being offered to it in the London Interbank Offered Rate market for such Rate Tranche Interest Period, (iib) by reason of circumstances affecting the London Interbank Offered Rate Market adequate and reasonable methods do not exist for ascertaining the LIBO RateLIBOR, (iiic) the LIBO Rate LIBOR as determined by Agent Lender will not adequately and fairly reflect the cost to the Purchaser Lender of funding their Purchase LIBOR Rate Loans for such Rate Tranche Interest Period or (ivd) the making or funding of Purchases at the LIBO LIBOR Rate becomes Loans has become demonstrably impracticable; , then, Agent 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 similar facilities, Lender shall promptly provide notice of such determination to the Seller Borrower (which shall be conclusive and binding on the SellerBorrower absent demonstrative error), and (x) any request for Purchase at the LIBO a conversion to or continuation of a LIBOR Rate Loan made after Lender provides such notice shall be automatically withdrawn and shall be deemed a request for an Alternate Base a Prime Rate PurchaseLoan, (y) each LIBO LIBOR Rate Purchase Loan will automatically, on the last day of the then current Rate Tranche Interest Period relating thereto, become an Alternate Base a Prime Rate PurchaseLoan, and (z) the obligations of the Purchasers Lender to Purchase as the LIBO make LIBOR Rate Loans shall be suspended until Agent Lender reasonably determines that the circumstances giving rise to such suspension no longer exist, in which event Agent Lender shall so notify the SellerBorrower.