Common use of CHANGE IN CIRCUMSTANCES; COMPENSATION Clause in Contracts

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR If on or prior to the first day of any Interest Period: (a) the Administrative Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding its Fixed Rate Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make such type of Fixed Rate Loans, or to permit continuations or conversions into such type of Fixed Rate Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 Domestic Business Days before the date of any Borrowing of such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Fixed Rate Loans for which a Notice of Continuation or Conversion has previously been given, that it elects not to borrow or so continue or convert on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or such Fixed Rate Loan shall be converted to a Base Rate Loan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR Basis for Determining Interest Rate Inadequate or ------------------------------------------------- Unfair. If on or prior to the first day of any Interest Period: (a) the Administrative Agent determines that deposits in Dollars or any Foreign Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as the case may be, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding its the relevant type of Fixed Rate Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower Borrowers and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make such the type of Fixed Rate Loans, or to permit continuations or conversions into Loans specified in such type of Fixed Rate Loans, notice shall be suspended. Unless the relevant Borrower notifies the Administrative Agent at least 2 Domestic Business Days before the date of any Borrowing of such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Fixed Rate Loans for which a Notice of Continuation or Conversion has previously been given, given that it elects not to borrow or so continue or convert on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or such Fixed Rate Loan shall be converted to a Base Rate Loan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01. BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR UNFAIR. If on or prior to the first day of any Interest Period: (a) the Administrative Agent determines that deposits in Dollars (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding its Fixed Rate Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make such type of Fixed Rate Loans, or to permit continuations or conversions into such type of Fixed Rate Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 Domestic Business Days before the date of any Borrowing of such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Fixed Rate Loans for which a Notice of Continuation or Conversion has previously been given, that it elects not to borrow or so continue or convert on such date, such Borrowing shall instead be made as a Base Rate Borrowing, or such Fixed Rate Loan shall be converted to a Base Rate Loan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.01Section 9.01. BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period: (a) the Administrative Agent determines that deposits in Dollars or any Alternate Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks Lenders advise the Administrative Agent that the London Interbank Offered Rate or IBORRate, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks Lenders of funding its Fixed Rate the relevant type of Eurocurrency Loans for such Interest Period, or (c) a fundamental change has occurred in the foreign exchange or interbank markets with respect to any Alternate Currency (including, without limitation, changes in national or international financial, political or economic conditions or currency exchange rates or exchange controls), or (d) it has become otherwise materially impractical for the Administrative Agent or the Lenders to make an Alternate Currency Loan, the Administrative Agent shall forthwith give notice thereof to the Borrower and the BanksLenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks Lenders to make the Eurocurrency Loans specified in such type of Fixed Rate Loans, or to permit continuations or conversions into such type of Fixed Rate Loans, notice shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 two (2) Domestic Business Days before the date of any Eurocurrency Borrowing of such type of Fixed Rate Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Fixed Rate Loans for which a Notice of Continuation or Conversion has previously been given, given that it elects not to borrow or so continue or convert on such date, such Borrowing borrowing shall instead be made as a Base Rate Borrowing, or such Fixed Rate Loan shall be converted to a Base Rate Loan.

CHANGE IN CIRCUMSTANCES; COMPENSATION. SECTION 8.018.01 Basis for Determining Interest Rate Inadequate or Unfair. BASIS FOR DETERMINING INTEREST RATE INADEQUATE OR UNFAIR If on or prior to the first day of any Interest Period: (a) the Administrative Agent determines that deposits in Dollars any Applicable Currency (in the applicable amounts) are not being offered in the relevant market for such Interest Period, or (b) the Required Banks advise the Administrative Agent that the London Interbank Offered Rate or IBOR, as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding its Fixed Rate Eurocurrency Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make Eurocurrency Loans specified in such type of Fixed Rate Loansnotice, or to permit continuations of or conversions into such type of Fixed Rate Eurocurrency Loans, shall be suspended. Unless the Borrower notifies the Administrative Agent at least 2 Domestic two (2) Business Days before the date of any Borrowing of such type of Fixed Rate Eurocurrency Loans for which a Notice of Borrowing has previously been given, or continuation or conversion into such type of Fixed Rate Eurocurrency Loans for which a Notice of Continuation or Conversion has previously been given, that it elects not to borrow or so continue or convert on such date, such Borrowing shall instead be made as or continue to be a Base Rate BorrowingBorrowing denominated in the Applicable Currency, or such Fixed Rate Eurocurrency Loan shall be converted to a Base Rate LoanLoan denominated in the Applicable Currency.