Common use of Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR Clause in Contracts

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or any Note, if prior to the commencement of any Interest Period, the Required Lenders shall determine that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Borrower and the other Lenders) and the obligations of the Lenders to create, continue or effect by conversion any such Fixed Rate Portion in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Borrower shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR. Upon the giving of such notice, the Borrower may, on the last day of the then applicable Interest Period, elect to either (i) pay the Affected Portions or (ii) convert such Portions into the Domestic Rate Portions or an available Portion selected by the Borrower of a type not affected by the foregoing, subject to the terms and conditions of this Agreement.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or any Note, if prior to the commencement of any Interest Period, the Required Lenders shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled of a Loan requested to be outstanding during made, continued or effected by conversion for such Interest Period are not readily available to such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then such Lenders shall promptly give notice thereof to the Administrative Agent (which shall in turn promptly notify the Borrower Company and the other Lenders) and the obligations of the Lenders to create, continue or effect by conversion any such Fixed Rate LIBOR Portion in such amount and for such Interest Period shall terminate until deposits in such amount and for the Interest Period selected by the Borrower Company (which is acting on behalf of the Borrowers pursuant to Section 1.7 hereof) shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR. Upon the giving of such notice, the Borrower may, on the last day of the then applicable Interest Period, elect to either (i) pay the Affected Portions or (ii) convert such Portions into the Domestic Rate Portions or an available Portion selected by the Borrower of a type not affected by the foregoing, subject to the terms and conditions of this Agreement.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or any Note, if prior to the commencement of any Interest Period, the Required Lenders shall determine in good faith that deposits in the amount of any LIBOR Portion scheduled to be outstanding during such Interest Period are not readily available to such Lenders in the relevant market or, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBOR, then such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Borrower Company and the other Lenders) and the obligations of the Lenders to create, continue create or effect by conversion any such Fixed Rate LIBOR Portion in such amount and for such Interest Period, or to continue an existing LIBOR Portion beyond its current Interest Period for such new Interest Period, in each case shall terminate until deposits in such amount and for the Interest Period selected by the Borrower Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR. Upon the giving of such notice, the Borrower may, on the last day of the then applicable Interest Period, elect to either (i) pay the Affected Portions or (ii) convert such Portions into the Domestic Rate Portions or an available Portion selected by the Borrower of a type not affected by the foregoing, subject to the terms and conditions of this Agreement.

Unavailability of Deposits or Inability to Ascertain Adjusted LIBOR. Notwithstanding any other provision of this Agreement or any Note, if prior to the commencement of any Interest Period, the Required Lenders shall determine in good faith that (i) deposits in the applicable currency in the amount of any LIBOR Portion scheduled to be outstanding in such currency during such Interest Period are not readily available to such Lenders in the relevant market or, or (ii) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining Adjusted LIBORLIBOR Rate or (iii)currency control or other exchange regulations are imposed in the country in which an Alternative Currency is issued with the result that different types of such currency are issued or (iv) in the determination of the Agent, a U.S. Dollar Equivalent of an Alternative Currency is not readily calculable, then (x) such Lenders shall promptly give notice thereof to the Agent (which shall in turn promptly notify the Borrower Company and the other Lenders), (y) and the obligations of the Lenders to create, continue or effect by conversion any such Fixed Rate LIBOR Portion in such amount and for such Interest Period shall terminate until deposits in such amount amount, in such currency and for the Interest Period selected by the Borrower Company shall again be readily available in the relevant market and adequate and reasonable means exist for ascertaining Adjusted LIBOR. Upon the giving of such notice, the Borrower may, on the last day of the then applicable Interest Period, elect to either (i) pay the Affected Portions or (ii) convert such Portions into the Domestic Rate Portions or an available Portion selected by the Borrower of a type not affected by the foregoing, subject to the terms and conditions of this Agreement.for