Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower so requires, the Agent and the 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 Borrower, be binding on all Parties. (c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 8 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower Company so requires, the Agent and the Borrower 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 BorrowerCompany, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Facility Agreement (Alibaba Group Holding LTD), Senior Facilities Agreement (Melco Crown Entertainment LTD), Senior Facilities Agreement (Melco Crown Entertainment LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower Borrowers so requiresrequire, the Agent and the Borrower 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 BorrowerBorrowers, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty 30 day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower so requires, the Agent and the Borrower shall enter into negotiations (for a period of not more than thirty seven (7) 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 Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty seven (7) day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Facility Agreement (Sesa Sterlite LTD), Amendment and Restatement Agreement (Sesa Sterlite LTD)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent Lender or the Borrower so requires, the Agent Lender and the 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 Lender and the Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Facility Agreement (CALGON CARBON Corp), Facility Agreement (Far East Energy Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower Company so requires, the Facility Agent and the Borrower 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 written consent of all the Lenders and the BorrowerCompany, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty 30 day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower so requires, the Agent and the 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 (aclause 10.3(a) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty 30 day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent Lender or the Borrower so requires, the Agent Lender and the 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 in writing by the prior consent of all the Lenders Lender and the Borrower, Borrower shall be binding on all Partieseach of them.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Harbin Electric, Inc)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower so requires, the Agent and the 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 under this Agreement.
(b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty such thirty-day period, the rate of interest shall continue to be determined in accordance with the terms of this AgreementAgreement (including without limitation Clause 10.2 (Market disruption).
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower so requires, the Facility Agent and the 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 Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower Company so requires, the Agent and the Borrower 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 BorrowerCompany, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis for determining the rate of interest is agreed at on or before the end of the thirty 30 day period, the rate of interest shall continue to be determined in accordance with the terms of this AgreementClause 10.2 (Market disruption).
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower so requires, the Facility Agent and the 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 Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty 30 day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower so requires, the Facility Agent and the 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 so agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(c) parties to this Agreement. For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Agent or the Borrower so requires, the Agent and the 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(a) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower so requires, the Facility Agent and the 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 Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Alternative basis of interest or funding. (a) If a Market Disruption Event occurs and the Facility Agent or the Borrower so requires, the Facility Agent and the 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 Borrower, be binding on all Parties.
(c) For the avoidance of doubt, in the event that no substitute basis is agreed at the end of the thirty (30) day period, the rate of interest shall continue to be determined in accordance with the terms of this Agreement.
Appears in 1 contract