Common use of Alternative basis of interest or funding Clause in Contracts

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 20 contracts

Samples: Facility Agreement (Aquaventure Holdings LLC), Multicurrency Revolving Credit Facility (United States Steel Corp), Revolving Credit Facility (Sara Lee Corp)

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Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 13 contracts

Samples: Credit Facility Agreement (PPL Corp), Facilities Agreement (Preem Holdings Ab Publ), Senior Credit Facility (Smurfit Kappa Funding PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) . Any alternative basis agreed will beshall, with the prior consent of all of the LendersLenders and the Company, be binding on all the Parties.

Appears in 5 contracts

Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 5 contracts

Samples: Revolving Credit Facility Agreement (MGM Resorts International), Revolving Credit Facility Agreement (MGM Resorts International), Fifth Supplemental Agreement (MGM Resorts International)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requiresrequire, the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 thirty (30) days with a view to agreeing to an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed between the Borrower and the Facility Agent will be, with the prior written consent of all the Lenders, binding on all the PartiesParties hereto.

Appears in 4 contracts

Samples: Credit Facility (Seaspan CORP), Reducing Revolving Credit Facility (Seaspan CORP), Credit Facility Agreement (Seaspan CORP)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations in good faith for a period of not more than 30 thirty (30) days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 3 contracts

Samples: Facility Agreement (Smith & Nephew PLC), Loan Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)

Alternative basis of interest or funding. (a) 13.3.1 If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) 13.3.2 Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 3 contracts

Samples: Multicurrency Revolving Facilities Agreement (PPL Energy Supply LLC), Amendment and Restatement Agreement (PPL Energy Supply LLC), Multicurrency Revolving Facilities Agreement (PPL Energy Supply LLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the LendersLenders and the Company, binding on all the Parties.

Appears in 2 contracts

Samples: Credit Facility Agreement (Baidu, Inc.), Credit Facilities Agreement (Hungarian Telephone & Cable Corp)

Alternative basis of interest or funding. (a) 17.3.1 If a market disruption event Market Disruption Event occurs and the Facility Agent or the Company so requires, the Company Facility Agent and the Facility Agent must Company shall enter into negotiations (for a period of not more than 30 days thirty days) with a view to agreeing an alternative a substitute basis for determining the rate of interest and/or funding for the affected Loaninterest. (b) 17.3.2 Any alternative basis agreed will bepursuant to sub-clause 17.3.1 above shall, with the prior consent of all the LendersLenders and the Company, be binding on all the Parties.

Appears in 2 contracts

Samples: Facilities Agreement (Shuttle Corp), Facilities Agreement (Shire PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Security Agent or the Company Borrower so requires, the Company Borrower and the Facility Security Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Strategic Hotels & Resorts, Inc), Facility Agreement (Strategic Hotels & Resorts, Inc)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.. --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Bridge Loan Agreement (Enodis PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan, which alternative basis shall be applicable for so long as the market disruption event persists. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Bridge Facilities Agreement (Bayer Aktiengesellschaft)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the PartiesCompany and the Lenders.

Appears in 1 contract

Samples: Facility Agreement (United States Steel Corp)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requires, requires the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (Centex Corp)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the LendersBanks, binding on all the Parties.

Appears in 1 contract

Samples: Credit Agreement (Adecco Sa)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 thirty (30) days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (Oratec Interventions Inc)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requiresrequire, the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 thirty days with a view to agreeing to an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed between the Borrower and the Facility Agent will be, with the prior written consent of all the Lenders, binding on all the PartiesParties hereto.

Appears in 1 contract

Samples: Facility Agreement (Global Ship Lease, Inc.)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requires, the Company Borrower and the Facility Agent must shall enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Metro International Sa)

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 Company Obligors' Agent and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected LoanUtilisation and any future Utilisation. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (Terex Corp)

Alternative basis of interest or funding. (a) 11.3.1 If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) 11.3.2 Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (PPL Energy Supply LLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requiresrequire, the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 thirty (30) days with a view to agreeing to an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed between the Borrower and the Facility Agent will be, with the prior written consent of all the Lenders, binding on all the PartiesParties hereto.

Appears in 1 contract

Samples: Credit Facility Agreement (Seaspan CORP)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the LendersLenders and the Company, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facilities Agreement (Royal Ahold)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.. 0040772-0000066 BT:1030359.12 30

Appears in 1 contract

Samples: Multicurrency Revolving Credit Facility (United States Steel Corp)

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Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrowers so requiresrequire, the Company Borrowers and the Facility Agent must enter into negotiations for a period of not more than 30 thirty (30) days with a view to agreeing to an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed between the Borrowers and the Facility Agent will be, with the prior written consent of all the Lenders, binding on all the PartiesParties hereto.

Appears in 1 contract

Samples: Reducing Revolving Credit Facility (Seaspan 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 Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (PPL Corp)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected LoanLoan which alternative basis may (without limitation) include alternative interest periods or alternative rates of interest but shall include a margin above the cost of funds to the Finance Parties equivalent to the applicable Margin. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Agreement (Merix Corp)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.. 15335-01152 PG:2140636.16 29 Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Chartered Semiconductor Manufacturing LTD)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Original Borrower so requires, the Company Original Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the LendersLenders and the Original Borrower, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (Aramark Corp/De)

Alternative basis of interest or funding. (a) 13.3.1 If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) 13.3.2 Any alternative basis agreed will be, with the prior consent of all the LendersLenders and the Company, binding on all the Parties.

Appears in 1 contract

Samples: Facilities Agreement (Royal Ahold)

Alternative basis of interest or funding. (a) If a market disruption event Market Disruption Event occurs and the Facility Facilities Agent or the Company so requires, the Company Facilities Agent and the Facility Agent Company must enter into negotiations for a period of not more than 30 thirty days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will bepursuant to Clause 15.3(a) above shall, with the prior consent of all the LendersLenders and the Company, be binding on all the Parties.

Appears in 1 contract

Samples: Facilities Agreement (Carnival PLC)

Alternative basis of interest or funding. (a) If a market disruption event Market Disruption Event occurs and the Facility Facilities Agent or the Company so requires, the Company Facilities Agent and the Facility Agent Company must enter into negotiations for a period of not more than 30 thirty days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will bepursuant to paragraph (a) above shall, with the prior consent of all the LendersLenders and the Company, be binding on all the Parties.

Appears in 1 contract

Samples: Multicurrency Revolving Facilities Agreement (Carnival PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations in good faith for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (Smith & Nephew PLC)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requires, the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (Shurgard Storage Centers Inc)

Alternative basis of interest or funding. (a) If a market disruption event Market Disruption Event occurs and the Facility Agent or the Company so requires, the Company Facility Agent and the Facility Agent must Company shall enter into negotiations (for a period of not more than 30 days thirty days) with a view to agreeing an alternative a substitute basis for determining the rate of interest and/or funding for in respect of the affected relevant Loan. (b) Any alternative basis agreed will bepursuant to paragraph (a) above shall, with the prior consent of all the LendersLenders participating in the relevant Loan and the Company, be binding on all the Parties.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed pursuant to paragraph (a) above will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility (Mittal Steel Co N.V.)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company so requires, the Company and the Facility Agent must enter into negotiations for a period of not more than 30 days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan. (b) Any alternative basis agreed will be, with the prior consent of all the Lenders, binding on all the Parties.

Appears in 1 contract

Samples: Credit Facility Agreement (EnerSys)

Alternative basis of interest or funding. (a) If a market disruption event occurs and the Facility Agent or the Company Borrower so requiresrequire, the Company Borrower and the Facility Agent must enter into negotiations for a period of not more than 30 thirty (30) days with a view to agreeing an alternative basis for determining the rate of interest and/or funding for the affected Loan and any future Loan. (b) Any alternative basis agreed will be, with the prior written consent of all the Lenders, binding on all the PartiesParties hereto.

Appears in 1 contract

Samples: Revolving Credit Facility (Quintana Maritime LTD)

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