Changes to reference rates. (a) Subject to Clause 43.3 (Other exceptions), if a Published Rate Replacement Event has occurred in relation to any Published Rate, any amendment or waiver which relates to: (i) providing for the use of a Replacement Reference Rate in place of the Published Rate; and (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (C) implementing market conventions applicable to that Replacement Reference Rate; (D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or (E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the Borrower.
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Samples: Facility Agreement (Taylor Maritime Investments LTD)
Changes to reference rates. (a) Subject to Clause 43.3 42.3 (Other exceptions), if a Published Rate an RFR Replacement Event has occurred in relation to any Published Rate, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Reference Rate in place of the Published RateRFR; and
(A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate;
(B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement);
(C) implementing market conventions applicable to that Replacement Reference Rate;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders) and the BorrowerBorrowers.
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Changes to reference rates. (a) Subject to Clause 43.3 (Other exceptions), if If a Published Screen Rate Replacement Event has occurred in relation to any Published RateMPR, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Reference Rate Benchmark in place of the Published Raterelation to MPR; and
(A) aligning any provision of any Finance Document to the use of that Replacement Reference RateBenchmark;
(B) enabling that Replacement Reference Rate Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate Benchmark to be used for the purposes of this Agreement);;
(C) implementing market conventions applicable to that Replacement Reference RateBenchmark;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference RateBenchmark; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority LendersXxxxxxx) and the BorrowerXxxxxx.
Appears in 1 contract
Samples: Unsecured NGN Term Facility Agreement (IHS Holding LTD)
Changes to reference rates. (a) Subject to Clause 43.3 38.2 (Other exceptionsExceptions) paragraph (b), if a Published Rate Replacement Event has occurred in relation to any Published Rate, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Reference Rate in place of the that Published Rate; and
(ii) (A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate;
; 92 (B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement);
; (C) implementing market conventions applicable to that Replacement Reference Rate;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority LendersXxxxxxx) and the Borrower.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (DHT Holdings, Inc.)
Changes to reference rates. (a) Subject to Clause 43.3 (Other exceptions), if If a Published Screen Rate Replacement Event has occurred in relation to any Published RateMPR, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Reference Rate Benchmark in place of the Published Raterelation to MPR; and
(A) aligning any provision of any Finance Document to the use of that Replacement Reference RateBenchmark;
(B) enabling that Replacement Reference Rate Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate Benchmark to be used for the purposes of this Agreement);;
(C) implementing market conventions applicable to that Replacement Reference RateBenchmark;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference RateBenchmark; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority LendersXxxxxxx) and the BorrowerXxxxxx.
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Samples: Unsecured NGN Revolving Credit Facility Agreement (IHS Holding LTD)