Determination of Rates. Promptly after the determination of any interest rate provided for herein or any change therein, the Administrative Agent shall notify the Lenders to which such interest is payable and the Borrower thereof. Each determination by the Administrative Agent of an interest rate or fee hereunder shall, except in cases of manifest error, be final, conclusive and binding on the parties.
Determination of Rates. Promptly after the determination of any interest rate provided for herein or any change therein, the Agent shall notify the Lenders to which such interest is payable and the Borrower thereof. Each determination by the Agent of an interest rate or fee hereunder shall, except in cases of manifest error, be final, conclusive and binding on the parties.
Determination of Rates. If, in connection with any request for any Loans or a conversion to or continuation thereof, (i) Global Administrative Agent determines (which determination shall be conclusive absent manifest error) that no Successor Rate for the Relevant Rate for the applicable currency or currencies has been determined in accordance with Section 7.3.2 and the circumstances under clause (a) of Section 7.3.2 or the Scheduled Unavailability Date has occurred with respect to such Relevant Rate (as applicable), (ii) Global Administrative Agent or the applicable Funding Agent determines (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not otherwise exist for determining the Relevant Rate for the applicable currency or currencies for such existing or proposed Loans for any determination date(s) or Interest Period, as applicable, or (iii) the Tranche Required Lenders or the applicable Funding Agent determine for their Tranche that for any reason the Relevant Rate for the applicable currency or currencies for any determination date(s) or Interest Period, as applicable, does not adequately and fairly reflect the cost to such Lenders of funding such Loans, Global Administrative Agent or the applicable Funding Agent, as applicable, will promptly so notify Prologis, each Borrower in the affected Tranche and each Lender in the affected Tranche. Thereafter, (x) the obligation of Lenders in the affected Tranche to make or maintain Loans or a conversion thereof in the affected currency or currencies or any determination date(s) or Interest Period in the affected Tranche shall be suspended and (y) in the event of a determination described in the preceding sentence with respect to the Daily Simple SOFR Rate component of the Base Rate, the utilization of the Daily Simple SOFR Rate component in determining the Base Rate shall be suspended, in each case until Global Administrative Agent or the applicable Funding Agent, as applicable, revokes such notice. Upon receipt of such notice, the applicable Borrower may revoke any pending request for a Borrowing of, conversion to or continuation of any Loans in the affected currency or currencies or for the affected Interest Period or determination date(s), as applicable or, failing that, will be deemed to: (A) with respect to a request for a Borrowing of, conversion to or continuation of any Loans denominated in Dollars under the U.S. Tranche, have converted such request into a request for a Commit...
Determination of Rates. A. DHCS shall determine an actuarially sound the capitation rates per Enrollee to be paid under this Contract, in accordance with Federal Medicaid principles and the provisions of Welfare and Institutions Code Section 15910.3. Rates shall be reflected in Exhibit B, Budget Detail and Payment Provisions.
B. Contractor shall be entitled to payment of rates on a quarterly basis based on the number of Enrollees in the LIHP for that quarter, determined in accordance with instructions issued by DHCS.
C. Rate payments shall be made only to the extent that DHCS has received intergovernmental transfers from the Contractor, a governmental entity with which it is affiliated, or any other eligible public entity that voluntarily agrees to participate in funding the LIHP in an amount adequate to fund the non-federal share of the rates, as authorized in State Law.
D. DHCS shall consult with Contractor in the development of the capitation rate, and shall base the capitation rate upon a detailed proposal submitted by Contractor pursuant to Welfare and Institutions Code Section 15910.3(a).
E. DHCS shall determine the Contractor’s capitation rates annually, beginning with Demonstration Year 7. The capitation rates shall be determined prior to the beginning of the Demonstration Year. However, for Demonstration Year 7, Contractor shall be paid on a cost-basis using CPEs on an interim basis only until the capitation rate is determined. Upon final approval, the capitation rate for Demonstration Year 7 will be paid retroactive to July 1, 2011 and reconciled against the interim payments received by Contractor based on CPEs for the interim period.
F. Once DHCS has established actuarially sound capitation rates, it may in consultation with Contractor, determine capitation rates for subsequent years based on appropriate increases or decreases to that rate. Any changes to the capitation rate shall be effectuated through a change order to this Contract in accordance with the provisions of Exhibit F, Program Terms and Conditions, Provision 3, Amendment Process and 4, Change Requirements, subject to the following provisions:
1) The change order shall be effective as of July 1 of each year covered by this Contract.
2) In the event there is any delay in a determination to increase or decrease capitation rates, so that a change order may not be processed in time to permit payment of new rates commencing July 1, the payment to Contractor shall continue at the rates then in effect. Those conti...
Determination of Rates. The Level of Service Inventory, Mental Health Adult Xxxxxx Home User Manual will be used for determine the LSI scores, add-ons, and the calculation of rates.
Determination of Rates. (a) All computations of interest and of any fee payable hereunder or under any other Operative Document (other than computations made for purposes of determining the Maximum Rate) shall be made by the Agent on the basis of a year of 360 days (365 days in the case of the computation of interest if the Applicable Rate is determined by reference to the Base Rate), for the actual number of days (including the first day but excluding the last day) occurring in the period for which such interest or fee is payable. Each determination by the Agent of an interest rate hereunder or under any other Operative Document shall be conclusive and binding for all purposes, absent manifest error, but no such interest rate shall ever exceed the Maximum Rate.
(b) The Company shall notify the Agent two Business Days before each Interest Setting Date as to the Interest Period or Periods selected by the Company subject to the limitations set forth in the definition of Interest Period. On each Interest Setting Date, the Agent shall calculate the LIBO Rate. Upon determination of the LIBO Rate on the Interest Setting Date, the Agent shall promptly notify the Purchasers and the Trustee of the LIBO Rate for the applicable Interest Period.
(c) In the event, and on each occasion, that on the Interest Setting Date the Agent shall have received notice from any Note Purchaser of such Purchaser's determination (which determination shall be conclusive and binding upon the Trustees and the Company absent manifest error) (i) that United States dollar deposits in the amount of the principal of and for the relevant Interest Period for such Purchaser's Notes are not generally available in the London interbank market or (ii) that the rate at which such dollar deposits are being offered would not adequately and fairly reflect the cost to such Purchaser of making or maintaining the principal of such Notes during the relevant Interest Period if the Applicable Rate were to be determined by reference to the LIBO Rate, then the Agent shall, as soon as practicable thereafter, give written, telex or facsimile notice of such determination to the Company, the Trustee and the other Purchasers and in the case of a determination pursuant to clause (ii) above only, such Purchaser shall deliver a certificate to the Agent and the Company describing in reasonable detail the calculations of such Purchaser pursuant to which it made such determination and stating that such Purchaser is making such determination on a ...
Determination of Rates. The Administrative Agent shall determine each interest rate applicable to each Note hereunder. The Administrative Agent shall promptly notify the Issuer, each Purchaser and the Principal Paying Agent of each rate of interest so determined, and its determination thereof shall be conclusive in the absence of clearly demonstrable error.
Determination of Rates. The interest rate on Loans denominated in Dollars may be determined by reference to a benchmark rate that is, or may in the future become, the subject of regulatory reform or cessation. The Administrative Agent does not warrant or accept responsibility for, and shall not have any liability with respect to (a) the continuation of, administration of, submission of, calculation of or any other matter related to the Base Rate, Daily Simple SOFR, Adjusted Daily Simple SOFR, the Term SOFR Reference Rate, Adjusted Term SOFR or Term SOFR, or any component definition thereof or rates referred to in the definition thereof, or any alternative, successor or replacement rate thereto (including any Benchmark Replacement), including whether the composition or characteristics of any such alternative, successor or replacement rate (including any Benchmark Replacement) will be similar to, or produce the same value or economic equivalence of, or have the same volume or liquidity as, the Base Rate, Daily Simple SOFR, Adjusted Daily Simple SOFR, the Term SOFR Reference Rate, Adjusted Term SOFR or Term SOFR or any other Benchmark prior to its discontinuance or unavailability, or (b) the effect, implementation or composition of any Conforming Changes. The Administrative Agent and its affiliates or other related entities may engage in transactions that affect the calculation of the Base Rate, Daily Simple SOFR, Adjusted Daily Simple SOFR, the Term SOFR Reference Rate, Adjusted Term SOFR or Term SOFR, any alternative, successor or replacement rate (including any Benchmark Replacement) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Administrative Agent may select information sources or services in its reasonable discretion to ascertain the Base Rate, Daily Simple SOFR, Adjusted Daily Simple SOFR, the Term SOFR Reference Rate, Adjusted Term SOFR or Term SOFR or any other Benchmark, in each case pursuant to the terms of this Agreement, and shall have no liability to the Borrower, any Lender or any other person or entity for damages of any kind, including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service. The Administrative Agent will, in keeping with industry practice, continue using its current ro...
Determination of Rates. Promptly after the determination of any interest rate provided for herein or any change therein, the Bank shall notify Borrowers thereof. Each determination by the Bank of an interest rate on the Revolver Note or fee hereunder in accordance with the Pricing Grid shall, except in cases of manifest error, be final, conclusive and binding on the parties.
Determination of Rates. When the Borrower has chosen to make periodic ---------------------- Interest Period Elections, then not later than 12:00 noon (Denver time) two Business Days prior to the Business Day on which any LIBOR Rate Advance is made or is to be made or which is the first day of the selected Interest Period therefor, the Borrower shall give notice to the Bank specifying the duration of the fixed Interest Period as specified above. If, upon the expiration of any fixed Interest Period, the Borrower has failed to elect the duration of a new fixed Interest Period, the Advance shall automatically bear interest on the one-month Interest Period reset daily rate basis. The Bank's records shall be rebuttably presumptive evidence of the dates for each Interest Period and the interest rate for each such period as well as the dates and amounts of payments of principal and interest on the Note.
