Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest. (b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 44 contracts
Samples: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.), Multicurrency Revolving Facility Agreement (Markit Ltd.), Facility Agreement
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 30 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.), Senior Secured Bridge Facility Agreement (Ugi Corp /Pa/)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company so requires, the Facility Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 20 contracts
Samples: Amendment Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Parent so requires, the Agent and the Company Parent shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyParent, be binding on all Parties.
Appears in 9 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD), Bridge Facility Agreement (Gold Fields LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 8 contracts
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Facilities Agreement (Sappi LTD), Senior Term and Revolving Facilities Agreement (Melrose PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Parent so requires, the Agent and the Company Parent shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyParent, be binding on all Parties.
Appears in 7 contracts
Samples: Amendment and Restatement Agreement (Genesco Inc), Facilities Agreement (Cemex Sab De Cv), Second Supplemental Facility Agreement (Paradigm Ltd.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 6 contracts
Samples: Facility Agreement (KNOT Offshore Partners LP), Term Loan Facility Agreement (KNOT Offshore Partners LP), Term Facility Agreement
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 6 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.), Facility Agreement (British Sky Broadcasting Group PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interestinterest in respect of the relevant Loan.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders participating in the relevant Loan and the Company, be binding on all Parties.
Appears in 5 contracts
Samples: Acquisition Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Obligors’ Agent so requires, the Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 5 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facilities Agreement (Octel Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company Borrower so requires, the Facility Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 4 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent (acting on the instructions of all the Lenders) or the Company so requires, the Facility Agent and the Company shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company that Borrower shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Companyrelevant Borrower, be binding on all Parties.
Appears in 4 contracts
Samples: Senior Facility Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent (such consent not to be unreasonably withheld or delayed) of all the Lenders and the CompanyBorrowers, be binding on all Parties.
Appears in 4 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Partiesparties.
Appears in 4 contracts
Samples: Loan and Guarantee Facility Agreement (KNOT Offshore Partners LP), Loan and Guarantee Facility Agreement (KNOT Offshore Partners LP), Loan and Guarantee Facility Agreement (KNOT Offshore Partners LP)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations in good faith (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 3 contracts
Samples: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrowers, be binding on all Parties.
Appears in 3 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aclause 10.3(a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 3 contracts
Samples: Subscription Agreement (WMC Resources Inc), Facility Agreement (WMC Resources LTD), Subscription Agreement (WMC Resources Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Obligors’ Agent so requires, the Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 2 contracts
Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)
Alternative basis of interest or funding. (a) If a an Alternative Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 2 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company so requires, the Facility Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.. LD857960/50
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company so requires, the Facility Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.. LD943539/9
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company Obligors’ Agent so requires, the Facility Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 2 contracts
Samples: Amendment Agreement (BHP Billiton PLC), Facility and Subscription Agreement (BHP Billiton PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (asub-clause 19.5(a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Partiesparties hereto.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrowers so requiresrequire, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrowers, be binding on all Parties.
Appears in 2 contracts
Samples: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interestinterest in respect of the relevant Loan.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders participating in the relevant Loan and the CompanyBorrower, be binding on all Parties.
Appears in 2 contracts
Samples: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sa De Cv)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrowers so requires, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrowers, be binding on all Parties.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company that Xxxxxxxx shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Companyrelevant Borrower, be binding on all Parties.
Appears in 2 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 2 contracts
Samples: Credit Agreement (Smithfield Foods Inc), Facility Agreement (Smithfield Foods Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Administrative Agent or the Company Borrower so requires, the Administrative Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph clause (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 2 contracts
Samples: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aclause 15.4(a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyLenders, be binding on all Parties.
Appears in 2 contracts
Samples: Second Supplemental Agreement, Second Supplemental Agreement (KNOT Offshore Partners LP)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower` so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Amendment Agreement (Citigroup Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) 15.2.1 above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Credit Agreement (Axa Financial Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Administrative Agent and the Company (or the Master Servicer on its behalf) shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph clause (a) above shall, with the prior consent of all the Lenders Funding Agents, the Master Servicer and the Company, be binding on all Partiesparties to this Agreement.
Appears in 1 contract
Samples: European Receivables Loan Agreement (Huntsman CORP)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aClause 12.3(a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company an Obligor so requires, the Agent and the Company that Obligor shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (Danaos Corp)
Alternative basis of interest or funding. (aA) If a Market Disruption Event occurs and the Agent or the Parent Company so requires, the Agent and the Parent Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(bB) Any alternative basis agreed pursuant to paragraph (aA) above shall, with the prior consent of all the Lenders and the Parent Company, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company that Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and occurs, the Agent shall promptly notify the Borrower and, if the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (Cascal N.V.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aClause 10.3(a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Company Borrowers' Agent so requires, the Facility Agent and the Company Borrowers' Agent shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Majority Lenders and the CompanyBorrowers' Agent, be binding on all Parties.
Appears in 1 contract
Samples: Credit Agreement (Reh Mergersub Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event or an Alternative Market Disruption Event occurs and the Facility Agent or the Company Obligors’ Agent so requires, the Facility Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interestinterest for the Commercial Tranche.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders relevant Lender and the CompanyBorrower, be binding on all Partiesparties.
Appears in 1 contract
Samples: Second Supplemental Agreement (KNOT Offshore Partners LP)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent Agents or the Company so requires, the Agent Agents and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (TRM Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent so requires or the Company Borrowers so requiresrequire, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrowers, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Parent so requires, the Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aclause 13.3(a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Parent so requires, the Agent and the Company Obligors’ Agent shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors’ Agent, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.. Back to Contents
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders Banks and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Principal Company so requires, the Agent and the Principal Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Principal Company, be binding on all Parties.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (General Geophysics Co)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders Banks and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company a Borrower so requires, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior written consent of all the Lenders each Finance Party and the Companyeach Borrower, be binding on all Parties.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Tower Group International, Ltd.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing on a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.. Back to Contents
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (aclause 12.3(a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Original Borrower so requires, the Agent and the Company Original Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyOriginal Borrower, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty seven days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph sub-clause (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a(a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (Linde PLC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Facility Agreement (Mayne Group LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent Lender or the Company so requires, the Agent Lender and the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, shall be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty (30) days) with a view to agreeing on a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days10 Business Days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Samples: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent concent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Senior Agent or the Company Borrower so requires, the Senior Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company Borrower so requires, the Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to the paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent Lender or the Company so requires, the Agent Lender and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders Lender and the Company, be binding on all Partiesparties.
Appears in 1 contract
Samples: Letter of Credit and Cash Draw Agreement (UTi WORLDWIDE INC)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Administrative Agent or the Company so requires, the Administrative Agent and the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Company any Borrower so requires, the Agent and the Company Borrowers shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyObligors, be binding on all Parties.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Administrative Agent or the Company Borrower so requires, the Administrative Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Term Facility Agreement (Cadence Design Systems Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Administrative Agent or the Company Borrower so requires, the Administrative Agent and the Company Borrower shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute an alternative basis for determining an Applicable Base Rate for the rate of interestrelevant Interest Period.
(b) Any alternative basis agreed pursuant to in accordance with paragraph (a) above shall, with the prior consent of all the Lenders and the CompanyBorrower, be binding on all Parties.
Appears in 1 contract
Samples: Loan Agreement (Hanarotelecom Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower or the Company so requires, the Agent and the Borrower or the Company shall enter into negotiations (for a period of not more than thirty 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Borrower or the Company, be binding on all Parties.
Appears in 1 contract
