Common use of Choice of Interest Rate, Etc Clause in Contracts

Choice of Interest Rate, Etc. Each of the Advance of the Term Loan on the Sixth Amendment Effective Date, and, if applicable, the Advance of the Incremental Term Loan on a date following the Sixth Amendment Effective Date, shall be made as a Eurodollar Advance with a Eurodollar Advance Period equal to one (1), two (2) or three (3) months, as requested by the Borrower in the Notice of Borrowing; provided, however, if the Administrative Agent determines (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Eurodollar Rate, then the Administrative Agent may at its option convert all outstanding Eurodollar Advances to Base Rate Advances upon notice to the Borrower.

Appears in 3 contracts

Sources: Credit Agreement (Fluent, Inc.), Credit Agreement, Credit Agreement (Cogint, Inc.)