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

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent’s position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Revolving Loans shall bear the same interest as Base Rate Advances.

Appears in 2 contracts

Sources: Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc.)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent’s 's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Company and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Company that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans Advances to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Revolving Loans Advances shall bear the same interest as Base Rate Advances.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Nuco2 Inc /Fl), Revolving Credit Agreement (Nuco2 Inc /Fl)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent’s 's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar AdvancesLoans, as the case may be, shall be suspended, and such affected Revolving Loans shall bear the same interest as Base Rate AdvancesLoans.

Appears in 1 contract

Sources: Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, or the Agent’s 's position in such markets, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR then, and in any such event, the Agent shall forthwith give notice to the Borrower and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans or 364-Day Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, shall be suspended, and such affected Revolving Loans Advances shall bear the same interest as Base Rate Advances.

Appears in 1 contract

Sources: Credit Agreement (Gold Kist Inc)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, Agent shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR the Adjusted LIBO Rate for any Interest Rent Period, by reason of any changes arising after the date of this Master Agreement affecting the London interbank market, or the Agent’s 's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR Adjusted LIBO Rate, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower Dollar and to the Lenders Lenders, of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower Dollar that the circumstances giving rise to the suspension described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans Fundings to remain outstanding past the last day of the then current Interest Rent Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Revolving Loans Advances shall bear the same interest as Base Rate Advances.

Appears in 1 contract

Sources: Master Agreement (Dollar General Corp)

INTEREST RATE NOT ASCERTAINABLE, ETC. In the event that the Agent, in the case of LIBOR, shall have determined (which determination shall be made in good faith and, absent manifest error, shall be final, conclusive and binding upon all parties) that on any date for determining LIBOR for any Interest Period, by reason of any changes arising after the date of this Agreement affecting the London interbank market, market or the Agent’s 's position in such marketsmarket, adequate and fair means do not exist for ascertaining the applicable interest rate on the basis provided for in the definition of LIBOR LIBOR, then, and in any such event, the Agent shall forthwith give notice (by telephone confirmed in writing) to the Borrower ▇▇▇▇▇▇ and to the Lenders of such determination and a summary of the basis for such determination. Until the Agent notifies the Borrower ▇▇▇▇▇▇ that the circumstances giving rise to the suspension notice described herein no longer exist, the obligations of the Lenders to make or permit portions of the Revolving Loans to remain outstanding past the last day of the then current Interest Periods as Eurodollar Advances, as the case may be, LIBOR Advances shall be suspended, and such affected Revolving Loans Advances shall bear the same interest as Base Rate Advances.

Appears in 1 contract

Sources: Credit Agreement (Nelson Thomas Inc)