Common use of Cost of funds Clause in Contracts

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 10.4 10.3 applies, the rate of interest on each Lender's share of the relevant a 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 determined by the Agent by that Lender as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.3 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 thirty 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 Agent and the Borrower, be binding on all Parties. (d) If this Clause 10.4 10.3 applies pursuant to Clause 10.3 10.2 (Market disruption) and: (i) a the Lender's ’s Funding Rate is less than LIBORthe Market Disruption Rate; or (ii) a Lender the Agent does not supply a quotation rate by the time specified in paragraph (a)(ii) aboveClause 10.3(a)(ii), the Lender’s cost of funds relating 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 LIBORthe Market Disruption Rate.

Cost of funds. (a) If this Clause 10.4 applies10.2 applies to a Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to that Loan for that Interest Period and the rate of interest on each Lender's ’s share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.2 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 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 the Lenders and the Borrower, be binding on all Parties. (d) If this Clause 10.4 10.2 applies pursuant to Clause 10.3 10.1 (Market disruption) and: (i) a Lender's ’s Funding Rate is less than LIBORthe Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboveReporting Time, the that Xxxxxx’s cost of funds relating 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 LIBORthe Market Disruption Rate. (e) If this Clause 10.2 applies the Agent shall, as soon as is practicable, notify the Borrower.

Cost of funds. (a) If this Clause 10.4 applies10.2 applies to the Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to the Loan for that Interest Period and the rate of interest on each Lender's ’s share of the relevant Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectthe Loan. (b) If this Clause 10.4 10.2 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 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 the Lenders and the Borrower, be binding on all Parties. (d) If this Clause 10.4 10.2 applies pursuant to Clause 10.3 10.1 (Market disruption) and: (i) a Lender's ’s Funding Rate is less than LIBORthe Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboveReporting Time, the that Xxxxxx’s cost of funds relating to that Lender of funding its participation in that the Loan for that Interest Period shall be deemed, for the purposes of paragraph (a) above, to be LIBORthe Market Disruption Rate.

Cost of funds. (a) If this Clause 10.4 applies10.3 (Cost of Funds) applies to a Loan for an Interest Period, the rate of interest on each Lender's share of the relevant Loan for the relevant Interest Period shall will be the percentage rate per annum which is the sum of: (i) the Margin; and (ii) the rate weighted average of the rates notified to the Facility Agent by that each Lender as soon as practicable and but 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 its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.3 applies pursuant to Clause 10.1 (Unavailability of Term SOFR) or Clause 10.2 (Market Disruption) and the Facility Agent or the Borrower Company so requires, the Facility Agent and the Borrower shall Company must 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 shallwill, with the prior consent of all the Lenders and the BorrowerCompany, be binding on all Parties. (d) If this Clause 10.4 10.3 applies pursuant to Clause 10.3 (Market disruption) and: (i) a Lender's Funding Rate is less than LIBOR; or (ii) a Loan but any Lender does not supply notify the Facility Agent of a quotation rate by the time specified in paragraph (a)(ii) above, the cost to that Lender rate of funding its participation in that interest on the relevant Loan for that the Interest Period shall will be deemed, for calculated on the purposes basis of paragraph (a) above, to be LIBORthe rates notified by the other Lenders.

Cost of funds. (a) If this Clause 10.4 appliesclause 12.4 applies to a Loan for an Interest Period, clause 10.2 (Calculation of interest) shall not apply to that Loan for that Interest Period, and the rate of interest on each Lender's share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by the first day of Reporting Time for 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)Loan, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 clause 12.4 applies 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 30 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 (bclause 12.4(b) above shall, with the prior consent of all the Lenders and the BorrowerCompany, be binding on all Parties. (d) If this Clause 10.4 clause 12.4 applies pursuant to Clause 10.3 clause 12.3 (Market disruption)) and: (i) a Lender's Funding Rate is less than LIBORthe relevant Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboverelevant Reporting Time, the that Xxxxxx's cost of funds relating to that Lender of funding its participation in that Loan for that Interest Period shall be deemed, for the purposes of paragraph (a) clause 12.4 above, to be LIBORthe Market Disruption Rate for that Loan. (e) If this clause 12.4 applies the Agent shall, as soon as is practicable, notify the Company.

Cost of funds. (a) If this Clause 10.4 applies10.2 applies to a Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to that Loan for that Interest Period and the rate of interest on each Lender's ’s share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.2 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 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 the Lenders and the Borrower, be binding on all Parties. (d) If this Clause 10.4 10.2 applies pursuant to Clause 10.3 10.1 (Market disruption) and: (i) a Lender's ’s Funding Rate is less than LIBORthe Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) above, the Reporting Time,that Xxxxxx’s cost of funds relating 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 LIBORthe Market Disruption Rate.

Cost of funds. (a) 11.3.1 If this Clause 10.4 applies11.3 applies to a Loan for an Interest Period, Clause 9.1 (Calculation of interest)) shall apply to that Loan for that Interest Period and the rate of interest on each Lender's share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: : (ia) 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) 11.3.2 If this Clause 10.4 11.3 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 thirty days) with a view to agreeing a substitute basis for determining the rate of interest. 11.3.3 Subject to Clause 35.4 (c) Any Changes to reference rates), any alternative basis agreed pursuant to paragraph (b) Clause 11.3.2 above shall, with the prior consent of all the Lenders and the Borrower, be binding on all Parties. (d) 11.3.4 If this Clause 10.4 11.3 applies pursuant to Clause 10.3 11.2 (Market disruption) and: (ia) a Lender's Funding Rate is less than LIBORthe relevant Market Disruption Rate; or (iib) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboverelevant Reporting Time, the that Xxxxxx's cost of funds relating to that Lender of funding its participation in that Loan for that Interest Period shall be deemed, for the purposes of paragraph (a) Clause 11.3.1 above, to be LIBORthe Market Disruption Rate for that Loan. 11.3.5 If this Clause 11.3 applies the Agent shall, as soon as is practicable, notify the Borrower.

Cost of funds. (a) If this Clause 10.4 applies10.3 applies to a Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to that Loan for that Interest Period and the rate of interest on each Lender's share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.3 applies 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 30 thirty 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 BorrowerCompany, be binding on all Parties. (d) If this Clause 10.4 10.3 applies pursuant to Clause 10.3 10.2 (Market disruption) and: (i) a Lender's Funding Rate is less than LIBORthe relevant Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboveReporting Time, the that Xxxxxx's cost of funds relating 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 LIBORthe Market Disruption Rate. (e) If this Clause 10.3 applies the Agent shall, as soon as is practicable, notify the Company.

Cost of funds. (a) If this Clause 10.4 applies10.2 applies to a Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to that Loan for that Interest Period and the rate of interest on each Lender's ’s share of the relevant that Loan for the relevant that Interest Period shall be the percentage rate per annum which is the sum of: (i) the applicable Margin; and (ii) the rate notified to the Agent by that Lender Xxxxxx as soon as practicable and in any event within five Business Days of by 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)Reporting Time, to be that which expresses as a percentage rate per annum the its cost of funds relating to the relevant Lender of funding its participation in that Loan from whatever source it may reasonably selectLoan. (b) If this Clause 10.4 10.2 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 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 the Lenders and the Borrower, be binding on all Parties. (d) If this Clause 10.4 10.2 applies pursuant to Clause 10.3 10.1 (Market disruption) and: (i) a Lender's ’s Funding Rate is less than LIBORthe Market Disruption Rate; or (ii) a Lender does not supply notify a quotation rate to the Agent by the time specified in paragraph (a)(ii) aboveReporting Time, the that Xxxxxx’s cost of funds relating 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 LIBORthe Market Disruption Rate.