Cost of funds a) If this Clause 8D.3 (Cost of funds) applies to a Compounded Rate Loan for an Interest Period then the Interest Period and the rate of interest on the Compounded Rate Loan for that Interest Period shall be the percentage rate per annum which is the sum of:
i) the applicable Margin; and
ii) the rate notified by the Lender as soon as practicable by the Reporting Time for the Compounded Rate Loan, to be that which expresses as a percentage rate per annum its cost of funds relating to the Compounded Rate Loan.
b) If this Clause 8D.3 (Cost of funds) applies and the Lender or the Borrower so require, the 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.
c) Any alternative basis agreed pursuant to Clause 8D.3 (Cost of funds) above shall, with the prior consent of the Lender and the Borrower, be binding on all Parties.
d) If this Clause 8D.3 (Cost of funds) applies and:
i) the Lender’s cost of funds is less than the relevant Market Disruption Rate; or
ii) the Lender does not notify a rate to the Lender by the time specified in paragraph (a) above, that Lxxxxx’s cost of funds relating to its participation in the Compounded Rate Loan for that Interest Period shall be deemed, for the purposes of Clause 8D.3 (Cost of funds) above, to be the Market Disruption Rate for the Loan.
Cost of funds. If paragraph (c) above applies but it is not possible to calculate the Interpolated Historic Term SOFR, there shall be no Reference Rate for the Loan or that part of the Loan (as applicable) and Clause 3.7 (
Cost of funds. With respect to any Servicing Advances made by Servicer from its own funds under the terms of this Agreement, the Servicer shall be entitled to collect from the Owner monthly for the Cost of Funds on such Servicing Advances.
Cost of funds. If sub-paragraph (b) above applies but no Reference Bank Rate is available for Dollars or the relevant Interest Period, there shall be no LIBOR and paragraph 6 (Cost of funds) shall apply to that Interest Period.
Cost of funds. Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Agreement.
Cost of funds. (a) If this clause 10.3 (Cost of funds) applies to a Revolving Credit Facility Loan for an Interest Period, clause 8.1 (Calculation of interest) shall not apply to that Revolving Credit Facility Loan for that Interest Period and the rate of interest on each Lender's share of that Revolving Credit Facility Loan for that Interest Period shall be the percentage rate per annum which is the sum of:
(i) the applicable Margin;
(ii) the rate notified to the Agent by that Lxxxxx as soon as practicable and in any event by the Reporting Time, to be that which expresses as a percentage rate per annum the cost to the relevant Lender of funding its participation in that Revolving Credit Facility Loan from whatever source it may reasonably select.
(b) If this clause 10.3 (Cost of funds) applies and the Agent or the Borrower so require and provided that no amendment or waiver has been made during the relevant Interest Period pursuant to clause 41.5 (Changes to reference rates), 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.
(c) Any alternative basis agreed pursuant to paragraph (b) above shall, with the prior consent of all of the Lenders and the Borrower, be binding on all Parties.
(d) If this clause 10.3 (Cost of funds) applies pursuant to clause 10.2 (Market disruption) and:
(i) a Lender's Funding Rate is less than the relevant Market Disruption Rate; or
(ii) a Lender does not supply a quotation by the Reporting Time, the cost to that Lender of funding its participation in a Revolving Credit Facility Loan for that Interest Period shall be deemed, for the purposes of paragraph (a) above, to be the Market Disruption Rate for that Revolving Credit Facility Loan.
Cost of funds. If Section 2.06(i)(iii) above or Section 2.06(i)(v) below applies but it is not possible to calculate the applicable Reference Rate, there shall be no Reference Rate for that Reference Rate Loan or that part of that Reference Rate Loan (as applicable) and instead the provisions of Section 2.09(g) will apply in respect of the relevant part of that Reference Rate Loan.
Cost of funds. (a) If this Clause 10.4 applies, the rate of interest on each Lender's share of the relevant Loan for the relevant Interest Period shall be the percentage rate per annum which is the sum of:
(i) the Margin; and
(ii) the rate notified to the Agent by that Lender as soon as practicable and in any event within five Business Days of the first day of that Interest Period (or, if earlier, on the date falling five Business Days before the date on which interest is due to be paid in respect of that Interest Period), to be that which expresses as a percentage rate per annum the cost to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably select.
(b) If this Clause 10.4 applies and the Agent or the Borrower so requires, the Agent and the Borrower shall enter into negotiations (for a period of not more than 30 days) with a view to agreeing a substitute basis for determining the rate of interest.
(c) Any alternative basis agreed pursuant to paragraph (b) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(d) If this Clause 10.4 applies pursuant to Clause 10.3 (Market disruption) and:
(i) a Lender's Funding Rate is less than LIBOR; or
(ii) a Lender does not supply a quotation by the time specified in paragraph (a)(ii) above, the cost to that Lender of funding its participation in that Loan for that Interest Period shall be deemed, for the purposes of paragraph (a) above, to be LIBOR.
Cost of funds. (a) If this Clause 5.8 applies, the rate of interest on the Loan or the relevant part of the Loan for the relevant Interest Period shall be the percentage rate per annum which is the sum of:
(i) the Margin; and
(ii) the rate notified to the Agent by that Lender as soon as practicable and in any event before interest is due to be paid in respect of that Interest Period to be that which expresses as a percentage rate per annum the cost to the relevant Lender of funding its Contribution from whatever source it may reasonably select.
(b) If this Clause 5.8 applies and the Agent or the Borrower so requires, the Agent and the Borrower shall enter into negotiations (for a period of not more than 30 days) with a view to agreeing a substitute basis for determining the rate of interest or (as the case may be) an alternative basis for funding.
(c) Subject to Clause 27.4, any substitute or alternative basis agreed pursuant to paragraph (b) above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties.
(d) If this Clause 5.8 applies but any Lender does not supply a quotation by the time specified in sub-paragraph (ii) of paragraph (a) above the rate of interest shall be calculated on the basis of the quotations of the remaining Lenders.
Cost of funds. If the Majority Lenders notify the Administrative Agent at least one Banking Day before the date of any proposed drawdown, conversion or rollover of a LIBOR Loan that LIBOR, for any interest period for such LIBOR Loans will not adequately reflect the cost to such Majority Lenders of making, funding or maintaining their respective LIBOR Loans for such Interest Period, the Administrative Agent shall forthwith so notify the Borrower and the Lenders, whereupon (i) each LIBOR Loan will automatically, on the last day of the then existing interest period therefor, convert into a Base Rate Canada Loan and (ii) the obligation of the Lenders to make or to convert into, LIBOR Loans shall be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
