Administrative Agent Liability. The Administrative Agent does not warrant or accept any responsibility for, and shall not have any liability in respect to (a) subject to Section 9.03, the administration of, submission of or any other matter related to SOFR, any component definition thereof or rates reference in the definition thereof or any alternative, comparable or successor rate thereto (including any then-current Benchmark or any Benchmark Replacement), including whether the composition or characteristics of any such alternative, comparable or successor rate (including any Benchmark Replacement) will be similar to, or produce the same value of economic equivalence of SOFR or any other Benchmark, or (b) the effect, implementation or composition of any Conforming Changes. The Administrative Agent shall not be liable for any inability, failure or delay on its part to perform any of its duties set forth in this Agreement as a result of the unavailability of SOFR (or other applicable Benchmark) and absence of a designated replacement Benchmark, including as a result of any inability, delay, error or inaccuracy on the part of any other transaction party, including without limitation the Required Lenders, in providing any direction, instruction, notice or information required or contemplated by the terms of this Agreement and reasonably required for the performance of such duties.
Appears in 3 contracts
Samples: Credit Agreement (Farfetch LTD), Credit Agreement (Coupang, Inc.), Credit Agreement (Farfetch LTD)
Administrative Agent Liability. The Administrative Agent does not warrant or accept any responsibility for, and shall not have any liability in respect to (a) subject to Section 9.03, the administration of, submission of or any other matter related to SOFR, any component definition thereof or rates reference in the definition thereof or any alternative, comparable or successor rate thereto (including any then-current Benchmark or any Benchmark Replacement), including whether the composition or characteristics of any such alternative, comparable or successor rate (including any Benchmark Replacement) will be similar to, or produce the same value of economic equivalence of SOFR or any 136 other Benchmark, or (b) the effect, implementation or composition of any Conforming Changes. The Administrative Agent shall not be liable for any inability, failure or delay on its part to perform any of its duties set forth in this Agreement as a result of the unavailability of SOFR (or other applicable Benchmark) and absence of a designated replacement Benchmark, including as a result of any inability, delay, error or inaccuracy on the part of any other transaction party, including without limitation the Required Lenders, in providing any direction, instruction, notice or information required or contemplated by the terms of this Agreement and reasonably required for the performance of such duties.
Appears in 1 contract
Samples: Credit Agreement (Farfetch LTD)