Common use of INTEREST RATE NOT ASCERTAINABLE, ETC Clause in Contracts

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, for such Interest Period, such Bank shall forthwith give notice to the Company and the Agent of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, shall be suspended until such Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, for such Interest Period, such Bank shall forthwith give notice to the Company and the Agent of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, shall be suspended until such Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Eurocurrency Rate in respect of the Interest Period for any requested Fixed Eurodollar Eurocurrency Rate Advance, a any Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars U.S. Dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, Eurocurrency Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Eurocurrency Rate Advances, as the case may be, Advances for such Interest Period, such Bank shall forthwith give notice to the Company Borrowers’ Agent and the Agent other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar to Eurocurrency Rate Advances, as the case may be, Advances shall be suspended until such Bank notifies the Company Borrowers’ Agent and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made with an interest rate option to which such suspension does not apply. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Eurocurrency Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a any Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Money Market Rate or the Adjusted Eurodollar Rate, as the case may be, will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, Advances for such Interest Period, such Bank shall forthwith give notice to the Company Borrower and the Agent other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made with an interest rate option to which such suspension does not apply. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a any Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, Advances for such Interest Period, 11/27/00 364 Day Credit Agreement 17 18 such Bank shall forthwith give notice to the Company Borrower and the Agent other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Base Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a any Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, Rate will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, Advances for such Interest Period, 11/27/00 Five Year Credit Agreement 17 18 such Bank shall forthwith give notice to the Company Borrower and the Agent other Banks of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, Advances shall be suspended until such Bank notifies the Company Borrower and the Agent that the circumstances giving rise to such suspension no longer exist. While any such suspension continues, all further Advances by such Bank shall be made as Base Rate Advances. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a the Bank determines (which determination shall be conclusive and binding, absent manifest error) that: : (a) deposits in dollars (in the applicable amount) are not being made available to such the Bank in the relevant market for such Interest Period, or or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, Rate will not adequately and fairly reflect the cost to such the Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, Advances for such Interest Period, such the Bank shall forthwith give notice to the Company and the Agent of such determination, whereupon the obligation of such the Bank to make or continue, or to convert any Advances to, Fixed to Eurodollar Rate Advances, as the case may be, Advances shall be suspended until such the Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to ------------------------------------ the date ------------------------------------ for determining the Fixed Adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a Bank determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank in the relevant market for such Interest Period, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, will not adequately and fairly reflect the cost to such Bank of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, for such Interest Period, such Bank shall forthwith give notice to the Company and the Agent of such determination, whereupon the obligation of such Bank to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, shall be suspended until such Bank notifies the Company and the Agent that the circumstances giving rise to such suspension no longer exist. No such suspension shall affect the interest rate then in effect during the applicable Interest Period for any Fixed Eurodollar Rate Advance outstanding at the time such suspension is imposed.

INTEREST RATE NOT ASCERTAINABLE, ETC. If, on or prior to the date ------------------------------------ for determining the Fixed Adjusted adjusted Eurodollar Rate in respect of the Interest Period for any requested Fixed Eurodollar Rate Advance, a Bank the Lender determines (which determination shall be conclusive and binding, absent manifest error) that: (a) deposits in dollars (in the applicable amount) are not being made available to such Bank the Lender in the relevant market for such Interest Periodmarket, or (b) the Fixed Adjusted Eurodollar Rate, as the case may be, Rate will not adequately and fairly reflect the cost to such Bank the Lender of funding or maintaining Fixed Eurodollar Rate Advances, as the case may be, for such Interest Period, such Bank Lender shall forthwith give notice to the Company and the Agent Borrower of such determination, whereupon the obligation of such Bank the Lender to make or continue, or to convert any Advances to, Fixed Eurodollar Rate Advances, as the case may be, shall be suspended until such Bank the Lender notifies the Company and the Agent Borrower that the circumstances giving rise to such suspension no longer exist. No While any such suspension continues, all further Advances by the Lender shall affect the interest rate then in effect during the applicable Interest Period for any Fixed be made as Reference Rate Advances and all existing Eurodollar Rate Advance outstanding at the time such suspension is imposedAdvances shall be converted to Reference Rate Advances.