Unavailability of LIBOR. In the event that Agent determines (which determination shall be conclusive and binding upon Obligor) that (i) Dollar deposits in an amount approximately equal to the Loan are not generally available at such time in the market for deposits maintained by commercial banks dealing in foreign exchange and foreign currency deposits in London, England, (ii) adequate and fair means do not exist for ascertaining a LIBOR Rate, (iii) the LIBOR Rate shall no longer adequately reflect any Lender’s cost of funds, or (iv) such a LIBOR Rate would be in excess of the maximum interest rate which Obligor may by law pay, Agent shall, within ten (10) Business Days after receipt of notice thereof from a Lender, give notice (the “Non-Availability Notice”) of such fact to Obligor. Effective upon the giving of the Non-Availability Notice, the Loan shall bear interest at the Base Rate (or, when applicable, at the Default Rate), from and including the date of the giving of the Non-Availability Notice until the Maturity Date or until any earlier date on which the LIBOR Rate shall become effective for the Loan pursuant to Section 2.2 hereof following the giving of notice by Agent to Obligor that the conditions referred to in this Section 2.7(a) no longer exist.
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Unavailability of LIBOR. In the event that Agent reasonably and in good faith determines (which determination shall be conclusive and binding upon ObligorBorrowers) that (i) Dollar deposits in an amount approximately equal to the Loan are not generally available at such time in the London interbank Eurodollar market for deposits maintained by commercial banks dealing in foreign exchange and foreign currency deposits in London, EnglandEurodollars, (ii) adequate and fair means do not exist for ascertaining a LIBOR Rate, (iii) the LIBOR Rate shall no longer adequately reflect any Lender’s cost of funds, or (iv) such a LIBOR Rate would be in excess of the maximum interest rate which Obligor Borrowers may by law paypay or (iv) that the LIBOR Rate does not adequately reflect such Lender’s costs of funds, Agent shall, within ten (10) Business Days after receipt of notice thereof from a Lender, give notice (the “Non-Availability Notice”) of such fact to ObligorBorrowers. Effective upon the giving of the Non-Availability Notice, the Loan shall bear interest at the Base Rate (or, when applicable, at the Default Rate), from and including the date of the giving of the Non-Availability Notice until the Maturity Date or until any earlier date on which the LIBOR Rate shall become effective for the Loan pursuant to Section 2.2 hereof following the giving of notice by Agent to Obligor Borrowers that the conditions referred to in this Section 2.7(a) no longer exist.
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