Common use of Cost of funds Clause in Contracts

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. (a) If this Clause 5.8 applies10.3 (Cost of funds) applies to the Loan or part of the Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to the Loan or that part of the Loan for that Interest Period and the rate of interest on the Loan or the relevant that part of the Loan for the relevant that Interest Period shall 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 in any event before interest is due to be paid in respect by the Reporting Time for the Loan or that part of that Interest Period the Loan to be that which expresses as a percentage rate per annum its cost of funds relating to its participation in the cost to Loan or that part of the relevant Lender of funding its Contribution from whatever source it may reasonably selectLoan. (b) If this Clause 5.8 10.3 (Cost of funds) applies and the Facility Agent or the Borrower Borrowers so requiresrequire, the Facility Agent and the Borrower Borrowers 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 27.442.4 (Changes to reference rates), any substitute or alternative basis agreed pursuant to paragraph (b) above shall, with the prior consent of all the Lenders and the BorrowerBorrowers, be binding on all Parties. (d) If this Clause 5.8 applies but any Lender paragraph (e) below does not supply a quotation by apply and any rate notified to the time specified in Facility Agent under sub-paragraph (ii) of paragraph (a) above is less than zero, the relevant rate of interest shall be calculated on the basis of the quotations of the remaining Lendersdeemed to be zero.

Cost of funds. (a) If this Clause 5.8 applies12.3 applies to a Loan for an Interest Period, Clause 10.1 Calculation of interest shall not apply to that Loan for that Interest Period and the rate of interest on the Loan or the relevant part each Lender’s share of the 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 average rate notified to the Agent by that Lender the Lenders as soon as practicable and in any event before interest is due to be paid in respect of that Interest Period by the Reporting Time, to be that which expresses as a percentage rate per annum the their cost of funds relating to the relevant Lender of funding its Contribution from whatever source it may reasonably selecttheir participation in that Loan. (b) If this Clause 5.8 12.3 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 or (as the case may be) an alternative basis for fundinginterest. (c) Subject to Clause 27.4, any substitute or 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 5.8 12.3 applies but any Lender does not supply a quotation by the time specified in sub-paragraph (ii) of paragraph (a) above Agent shall, as soon as is practicable, notify the rate of interest shall be calculated on the basis of the quotations of the remaining LendersBorrower.

Cost of funds. (a) If this Clause 5.8 applies10.3 (Cost of funds) applies to the Loan or part of the Loan for an Interest Period, Clause 8.1 (Calculation of interest) shall not apply to the Loan or that part of the Loan for that Interest Period and the rate of interest on the Loan or the relevant that part of the Loan for the relevant that Interest Period shall 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 in any event before interest is due to be paid in respect by the Reporting Time for the Loan or that part of that Interest Period the Loan to be that which expresses as a percentage rate per annum its cost of funds relating to its participation in the cost to Loan or that part of the relevant Lender of funding its Contribution from whatever source it may reasonably selectLoan. (b) If this Clause 5.8 10.3 (Cost of funds) applies and the Facility Agent or the Borrower Borrowers so requiresrequire, the Facility Agent and the Borrower Borrowers 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 27.444.4 (Changes to reference rates), any substitute or alternative basis agreed pursuant to paragraph (b) above shall, with the prior consent of all the Lenders and the BorrowerBorrowers, 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 rate notified to the Facility Agent under sub-paragraph (ii) of paragraph (a) above is less than zero, the relevant rate of interest shall be calculated on the basis of the quotations of the remaining Lendersdeemed to be zero.

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 Facility 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 Facility Agent or the Borrower so requires, the Facility 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. (a) If this Clause 5.8 10.4 applies, the rate of interest on the Loan or each Lender's share of 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 by 5 p.m. on the date falling two Business Days before the date on which interest is due to be paid in respect of that Interest Period Period, to be that which expresses as a percentage rate per annum the cost to the relevant Lender of funding its Contribution participation in that Loan from whatever source it may reasonably select. (b) If this Clause 5.8 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 or (as the case may be) an alternative basis for fundinginterest. (c) Subject to Clause 27.4, any substitute or 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 5.8 10.4 applies but any 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 sub-paragraph (iia)(ii) above, 49173559_13 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(a) above the rate of interest shall above, to be calculated on the basis of the quotations of the remaining LendersLIBOR.