Common use of Disaster Clause in Contracts

Disaster. Notwithstanding anything herein to the contrary, if any Lender determines (which determination shall be conclusive) that (a) such Lender is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (b) the LIBOR Lending Rate will not adequately reflect the cost to such Lender of making or funding LIBOR Lending Rate Portions, then (i) the right of Borrowers to select the LIBOR Lending Rate shall be suspended until such Lender notifies Borrowers that the circumstances causing such suspension no longer exist, and (ii) Borrowers shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, such Lender shall make a Prime Lending Rate Portion to Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so repaid.

Disaster. Notwithstanding anything herein to the contrary, if any Lender Bank determines (which determination shall be conclusiveconclusive absent manifest error) that (ai) such Lender Bank is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (bii) the LIBOR Lending Rate will not adequately reflect the cost to such Lender Bank of making or funding LIBOR Lending Rate Portions, then (ix) the right of Borrowers to select the LIBOR Lending Rate shall be suspended until such Lender Bank notifies Borrowers that the circumstances causing such suspension no longer exist, and (iiy) Borrowers shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, such Lender Bank shall make a Prime Base Lending Rate Portion to Borrower Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so repaid.

Disaster. Notwithstanding anything herein to the contrarycontrary herein, if any Lender the Bank determines (which determination shall be conclusive) that that: (ai) such Lender is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits referred to in the definition of LIBOR Interest Rate are not being provided in the relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest on a LIBOR Loan as provided in this Agreement; or (bii) the relevant rates of interest referred to in the definition of LIBOR Lending Interest Rate will upon the basis of which the rate of interest for any LIBOR Loan is to be determined do not adequately reflect accurately cover the cost to such Lender the Bank of making or funding maintaining LIBOR Lending Rate PortionsLoans; then the Bank shall forthwith give written notice thereof to the Borrower, then whereupon (ia) the right obligation of Borrowers the Bank to select the make LIBOR Lending Rate Loans shall be suspended until such Lender the Bank notifies Borrowers the Borrower that the circumstances causing giving rise to such suspension no longer exist, and (iib) Borrowers the Borrower shall repay in full the then outstanding principal balance amount of all each LIBOR Lending Rate PortionsLoan, together with accrued interest accrued thereon, on the last day of the Interest Period applicable to each such Loan. Provided there is no Event of Default hereunder, any LIBOR Lending Rate Portion, and concurrent with any such prepayment, such Lender shall make Loan required to be repaid under this section may be repaid by the Borrower by automatic conversion to a Prime Lending Rate Portion to Borrower in Loan at the principal amount equal to the principal amount time of the LIBOR Lending Rate Portions so repaidsuch repayment.

Disaster. Notwithstanding anything herein to the contrary, if any Lender Bank determines (which determination shall be conclusiveconclusive absent manifest error) that (ai) such Lender Bank is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation Request for Advance selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (bii) the LIBOR Lending Rate will not adequately reflect the cost to such Lender Bank of making or funding LIBOR Lending Rate PortionsLIBOR-based Advances, then (ix) the right of Borrowers to select the LIBOR Lending Rate shall be suspended until such Lender Bank notifies Borrowers that the circumstances causing such suspension no longer exist, and (iiy) Borrowers shall repay in full the then outstanding principal balance of all LIBOR Lending Rate PortionsLIBOR-based Advances, together with interest accrued thereon, on the last day of the Interest LIBOR Period applicable to each such LIBOR Lending Rate PortionLIBOR-based Advance, and concurrent with any such prepayment, such Lender Bank shall make a Prime Lending Rate Portion Prime-based Advance to Borrower Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions LIBOR-based Advances so repaid.

Disaster. Notwithstanding anything herein to the contrary, if any Lender Administrative Agent determines (which determination shall be conclusive) that (ai) such Lender Administrative Agent is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (bii) the LIBOR Lending Rate will not adequately reflect the cost to such Lender Lenders of making or funding LIBOR Lending Rate Portions, then (ix) the right of Borrowers Borrower to select the LIBOR Lending Rate shall be suspended until such Lender Administrative Agent notifies Borrowers Borrower that the circumstances causing such suspension no longer exist, and (iiy) Borrowers Borrower shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, such each Lender shall make a Prime Base Lending Rate Portion to Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so repaid.

Disaster. Notwithstanding anything herein to the contrary, if any Lender Bank determines (which determination shall be conclusiveconclusive absent manifest error) that (a) such Lender Bank is unable to determine the LIBOR Lending Rate with respect to any Notice of Borrowing or Notice of Conversion or Continuation selecting the LIBOR Lending Rate because quotations of interest rates for the relevant deposits are not being provided in the relevant amounts or for the relative maturities or (b) the LIBOR Lending Rate will not adequately reflect the cost to such Lender Bank of making or funding LIBOR Lending Rate Portions, then (i) the right of Borrowers Borrower to select the LIBOR Lending Rate shall be suspended until such Lender Bank notifies Borrowers Borrower that the circumstances causing such suspension no longer exist, and (ii) Borrowers Borrower shall repay in full the then outstanding principal balance of all LIBOR Lending Rate Portions, together with interest accrued thereon, on the last day of the Interest Period applicable to each such LIBOR Lending Rate Portion, and concurrent with any such prepayment, such Lender Bank shall make a Prime Base Lending Rate Portion to Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so repaid.