Common use of Deposits Unavailable Clause in Contracts

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) deposits in the relevant amount, in the relevant currency and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Advances, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the LIBO Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) deposits in the relevant amount, in the relevant currency and for the relevant Interest Period are not available to it in the Reference Lenders in their relevant London interbank market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant London interbank market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Advances, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Index Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO plus the Overnight Rate Advances plus (in the case of Loans denominated in Euros) or the Federal Funds Rate (in effect the case of Loans denominated in Dollars) from time to timetime in effect.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ ' relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination "DETERMINATION Notice”") to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days thirty days after the giving of such Determination Notice, the Administrative Agent shall (after consultation with the Lenders) set an interest rate and an interest period (or interest periods), in each case to take effect at the end of the Interest Period current at the date of the Determination Notice Notice, which rate (or rates) shall be equal to the sum of the Applicable Margin applicable and the cost to LIBO Rate Advances plus each of the Federal Funds Rate Lenders of funding its respective Commitment. In the event that the circumstances described in effect from time to timethis SECTION 4.2 shall extend beyond the end of an interest period agreed or set pursuant hereto, the foregoing procedure shall be repeated as often as may be necessary.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ ' relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”"DETERMINATION NOTICE") to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days thirty days after the giving of such Determination Notice, the Administrative Agent shall (after consultation with the Lenders) set an interest rate and an interest period (or interest periods), in each case to take effect at the end of the Interest Period current at the date of the Determination Notice Notice, which rate (or rates) shall be equal to the sum of the Applicable Margin applicable and the cost to LIBO Rate Advances plus each of the Federal Funds Rate Lenders of funding its respective Commitment. In the event that the circumstances described in effect from time to timethis SECTION 4.2 shall extend beyond the end of an interest period agreed or set pursuant hereto, the foregoing procedure shall be repeated as often as may be necessary.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate AdvancesLoans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate payable to the Lenders to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the LIBO Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.. NYDOCS03/851836.9B 21

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) deposits in the relevant amount, in the relevant currency and for the relevant Interest Period are not available to the Reference Lenders in their relevant market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Advances, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) deposits in the relevant amount, in the relevant currency and for the relevant Interest Period are not available to it in the Reference Lenders in their relevant London interbank market; or (b) by reason of circumstances affecting the Reference Lenders’ relevant London interbank market, adequate or reasonable means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Advances, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the interest rate to take effect at the end of the Interest Period current at the date of the Determination Notice shall be equal to the sum of the Applicable Margin applicable to LIBO Rate Advances plus the Federal Funds Rate in effect from time to time.

Deposits Unavailable. If the Administrative Agent shall have determined that: (a) Dollar deposits in the relevant amount, in the relevant currency amount and for the relevant Interest Period are not available to the Reference Lenders Banks in their relevant market; or (b) by reason of circumstances affecting the Reference LendersBanks’ relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Advancesloans, then the Administrative Agent shall give notice of such determination (hereinafter called a “Determination Notice”) to the Borrower and each of the Lenders. The Borrower, the Lenders and the Administrative Agent shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower, the Lenders and the Administrative Agent are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring fifteen Business Days after the giving of such Determination Notice, the Administrative Agent shall (after consultation with the Lenders) set an interest rate and an interest period (or interest periods), in each case to take effect at the end of the Interest Period current at the date of the Determination Notice Notice, which rate (or rates) shall be equal to the sum of the Applicable Margin applicable and the cost to LIBO Rate Advances plus each of the Federal Funds Rate Lenders of funding their respective portions of the Loan. In the event that the circumstances described in effect from time to timethis Section 4.2 shall extend beyond the end of an interest period agreed or set pursuant hereto, the foregoing procedure shall be repeated as often as may be necessary.