Benchmark Unavailability Period. Upon the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 12 contracts
Samples: Guaranty and Security Agreement (Dril-Quip Inc), Security Agreement (Dril-Quip Inc), Security Agreement (Dril-Quip Inc)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBenchmark Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Benchmark Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any Benchmark Unavailability Period or at any time that a any tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 7 contracts
Samples: Abl Credit Agreement (Turning Point Brands, Inc.), Term Loan Credit Agreement (GFL Environmental Inc.), Abl Credit Agreement (Mallinckrodt PLC)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea EurodollarSOFR Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate EurodollarSOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any anya Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 4 contracts
Samples: Term Loan Agreement (Cleco Power LLC), Term Loan Agreement (Cleco Power LLC), Revolving Credit Agreement (Atmos Energy Corp)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea Borrowing of, conversion Conversion to or continuation of Advances bearing interest based on the Adjusted Term SOFR Rate Advances to be made, converted Converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or Conversion to Base Rate LoanAdvances. During any a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 4 contracts
Samples: Assignment and Assumption (DTE Electric Co), Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance a Borrowing bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances Borrowings bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate an ABR Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 3 contracts
Samples: Credit Agreement (INVACARE HOLDINGS Corp), Credit Agreement (Invacare Corp), Credit Agreement (Invacare Corp)
Benchmark Unavailability Period. Upon the Borrowers’ receipt by Borrowing Agent of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 2 contracts
Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea Eurocurrency Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Eurocurrency Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Alternate Base Rate LoanLoans. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Clarios International Inc.), First Lien Credit Agreement (Clarios International Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBorrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate LoanBorrowing of or conversion to ABR Loans. During any Benchmark Unavailability Period or at any time that a any tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 2 contracts
Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateAdvance of, conversion Conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Advances to be made, converted Converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted Converted any such request into a request for a Domestic Base Rate LoanAdvance of or Conversion to a Base Rate Advance. During any Benchmark Unavailability Period or at any time that a any tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 2 contracts
Samples: Assignment and Assumption (Arizona Public Service Co), Year Credit Agreement (Arizona Public Service Co)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBenchmark borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic borrowing of or conversion to Base Rate LoanLoans. During any Benchmark Unavailability Period or at any time that a any tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.. 2.16
Appears in 2 contracts
Samples: Credit Agreement (Chatham Lodging Trust), And Restatement Agreement Second Amendment and Restatement Agreement (Chatham Lodging Trust)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBenchmark Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Benchmark Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (QualTek Services Inc.), Credit and Guaranty Agreement (QualTek Services Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an a Borrowingan Advance bearing interest based on the Term SOFR Rateof, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Eurodollar RateSOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans bearing interest at the Temporary Replacement Rate. During any anya Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based on the Eurodollar Ratethe Temporary Replacement Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base BaseTemporary Replacement Rate.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Samples: Security Agreement (Williams Industrial Services Group Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Parent Bxxxxxxx’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Parent Borrower may revoke any pending request for an Advance bearing interest based on the Term a SOFR RateBorrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Parent Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ ’' receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Adjusteda Term SOFR RateLoan of, conversion to or continuation of Advances bearing interest based on the Adjusted Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Term Loan of or conversion to Base Rate LoanLoans. During any Benchmark Unavailability Period or at any time that a tenor for the then---current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then---current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Samples: Security Agreement (Perma Fix Environmental Services Inc)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBenchmark Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Benchmark Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate LoanBorrowing of or conversion to ABR Advances. During any Benchmark Unavailability Period or at any time that a any tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base ABR Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base ABR Rate.. Section 2.16
Appears in 1 contract
Samples: Credit Agreement (Open Text Corp)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBenchmark Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Benchmark Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.. 126
Appears in 1 contract
Samples: Term Credit and Guaranty Agreement (QualTek Services Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate BSBY Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate LoanBorrowing of or conversion to ABR Loans. During any a Benchmark Unavailability Period with respect to the then-current Benchmark or at any time that a tenor for the then-current any then‑current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the any then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate BSBY Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic borrowing of or conversion to Base Rate LoanLoans. During any a Benchmark Unavailability Period with respect to the then-current Benchmark or at any time that a tenor for the then-current any then‑current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the such then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Samples: Credit Agreement (CoreCivic, Inc.)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest Loans based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate then-current Benchmark to be made, converted or continued continuedan Advance during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Rate LoanLoans based ona Borrowing of Advances bearing interest at the new BenchmarkBase Rate. During any anya Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Interest that accruesthe Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Interestthe Base Rate.
Appears in 1 contract
Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term a SOFR RateBorrowingborrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowingborrowing of or conversion to Base Rate LoanLoans. During any a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Samples: Credit Agreement (Neuberger Berman Real Estate Securities Income Fund Inc)
Benchmark Unavailability Period. Upon the Borrowers’ Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Borrower may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any Benchmark Unavailability Period that would bear interest by reference to such Benchmark or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ Lead Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratea Borrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate BSBY Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate LoanBorrowing of or conversion to ABR Loans. During any a Benchmark Unavailability Period with respect to the then-current Benchmark or at any time that a tenor for the any then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the such then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Rate, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers may revoke any pending request for an Advance bearing interest based on the Term SOFR Ratefor, conversion to or continuation of Advances bearing interest based on the Term SOFR BSBY Rate Loansan Advance to be made, converted converted, or continued at the then-current Benchmark during any Benchmark Unavailability Period and, failing that, the Borrowers will be deemed to have converted any such request into a request for a Domestic Rate Loan or conversion to a Domestic Rate Loan. During any aany Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the such then-current Benchmark or such thesuch tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base RateRatethereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
Benchmark Unavailability Period. Upon the Borrowers’ Lead Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrowers Lead Borrower may revoke any pending request for an Advance bearing interest based on the a Term SOFR RateBorrowing of, conversion to or continuation of Advances bearing interest based on the Term SOFR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrowers Lead Borrower will be deemed to have converted any such request into a request for a Domestic Borrowing of or conversion to Base Rate LoanLoans. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.
Appears in 1 contract