Common use of Inability to Determine LIBO Rate Clause in Contracts

Inability to Determine LIBO Rate. If, prior to the first Business Day of any Interest Period, the basis for determining the LIBO Rate ceases to be reported on the applicable LIBOR01 or LIBOR02 page of the Reuters screen (and JPMorgan Chase Bank, N.A., is not quoting the rate contemplated by clause (b) of the definition of “LIBO Rate”) and if the Required Holders, or their designated agent, shall have reasonably determined (which determination shall be conclusive and binding upon the Company) that, by reason of circumstances affecting the relevant market, other adequate and reasonable means do not exist for ascertaining the interest rate applicable to the offering of Dollar deposits to major banks in the London interbank eurodollar market for such Interest Period, then the Required Holders shall forthwith give notice thereof to the Company. If such notice is given, (i) the interest rate applicable to the LIBOR-Based Notes for such Interest Period shall be the Prime Rate, determined and effective as of the first day of such Interest Period, (ii) each reference herein and in the Notes to the “LIBO Rate” for any Interest Period shall be deemed thereafter to be a reference to the Prime Rate, and (iii) subject to Section 8.9(d) below, such substituted rate shall thereafter be determined by the Required Holders in accordance with the terms hereof. Until notice contemplated by Section 8.9(d) is furnished by the Required Holders, the LIBO Rate (defined without giving effect to clause (ii) of this Section 8.9(c)) shall not apply to any LIBOR-Based Note.

Inability to Determine LIBO Rate. If, prior to the first Business Day day of any Interest Period, the basis for determining Period relating to any Funding Tranche maintained by reference to the LIBO Rate ceases to be reported on Rate: (a) the applicable LIBOR01 or LIBOR02 page of the Reuters screen (and JPMorgan Chase Bank, N.A., is not quoting the rate contemplated by clause (b) of the definition of “LIBO Rate”) and if the Required Holders, or their designated agent, Purchaser shall have reasonably determined (which determination in the absence of manifest error shall be deemed conclusive and binding upon the CompanyIssuer) that, by reason of circumstances affecting the relevant market, other adequate and reasonable means do not exist for ascertaining the interest rate applicable to the offering of Dollar deposits to major banks in the London interbank eurodollar market LIBO Rate for such Interest Period, then the Required Holders shall forthwith give notice thereof to the Company. If such notice is given, ; or (ib) the interest rate applicable Purchaser (or any liquidity and/or credit support provider of the Purchaser, as the case may be) shall have determined that the LIBO Rate determined or to the LIBOR-Based Notes be determined for such Interest Period shall be will not adequately and fairly reflect the Prime Rate, determined and effective as cost to the Purchaser (or any liquidity and/or credit support provider of the first day Purchaser, as the case may be) (as conclusively certified by such Person) of purchasing or maintaining their affected portions of such Funding Tranches during such Interest Period; then, in either such event, the Purchaser shall give telecopy or telephonic notice thereof (iiconfirmed in writing) each reference herein and in the Notes to the “Issuer as soon as practicable (but, in any event, within thirty (30) days after such determination or notice, as applicable) thereafter. Until such notice has been withdrawn by the Purchaser, no further Funding Tranches shall be funded or maintained at the LIBO Rate” for . The Purchaser agrees to withdraw any Interest Period shall be deemed thereafter to be such notice as soon as reasonably practicable after the Purchaser is notified of a reference to the Prime Rate, and (iii) subject to Section 8.9(d) below, change in circumstances which makes such substituted rate shall thereafter be determined by the Required Holders in accordance with the terms hereof. Until notice contemplated by Section 8.9(d) is furnished by the Required Holders, the LIBO Rate (defined without giving effect to clause (ii) of this Section 8.9(c)) shall not apply to any LIBOR-Based Noteinapplicable.