Common use of Inability to Determine Rate Clause in Contracts

Inability to Determine Rate. In the event that the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Company) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for any Interest Period, the Administrative Agent shall forthwith give facsimile notice of such determination, confirmed in writing, to each Lender and to the Company. If such notice is given: (1) any Tranche A Committed Loan or Tranche B Loan that was to have been converted to a Eurodollar Loan shall be continued as an Effective Fed Funds Rate Loan, and (2) any outstanding Eurodollar Loan shall be converted, on the last day of the then current Interest Period with respect thereto, to an Effective Fed Funds Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company shall not have the right to convert a Tranche A Committed Loan or Tranche B Loan to a Eurodollar Loan or to continue a Eurodollar Loan.

Inability to Determine Rate. In the event that the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Company) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for any Interest Period, the Administrative Agent shall forthwith give facsimile notice of such determination, confirmed in writing, to each Lender and to the Company. If such notice is given: (1) any Tranche A Committed Standard Loan or Tranche B and Gestation Loan that was to have been converted to a Eurodollar Loan shall be continued as an Effective Fed Funds Rate Loan, and (2) any outstanding Eurodollar Loan shall be converted, on the last day of the then current Interest Period with respect thereto, to an Effective Fed Funds Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company shall not have the right to convert a Tranche A Committed Standard Loan or Tranche B Gestation Loan to a Eurodollar Loan or to continue a Eurodollar Loan.

Inability to Determine Rate. In the event that the Administrative Agent shall have --------------------------- determined (which determination shall be conclusive and binding upon the Company) that by reason of circumstances affecting the London interbank eurodollar market adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for any Interest Period, the Administrative Agent shall forthwith give facsimile notice of such determination, confirmed in writing, to each Lender Bank and to the Company. If such notice is given: (1) any Tranche A Committed Loan or Tranche B Revolving Loan that was to have been funded as or converted to a Eurodollar Rate Loan shall be funded or continued as an Effective Fed Funds Alternate Base Rate Loan, and (2) any outstanding Eurodollar Rate Loan shall be converted, on the last day of the then current Interest Period with respect thereto, to an Effective Fed Funds Alternate Base Rate Loan. Until such notice has been withdrawn by the Administrative Agent, the Company shall not have the right to have a Revolving Loan funded as a Eurodollar Rate Loan or to convert a Tranche A Committed Revolving Loan or Tranche B Loan to a Eurodollar Loan into or to continue a Revolving Loan as a Eurodollar Rate Loan.