Common use of Illegality; Inability to Determine Rates Clause in Contracts

Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make SOFR Rate Advances hereunder, or (ii) maintain SOFR Rate Advances hereunder, then such Lender shall promptly notify the Agents and the Borrower thereof, and such Xxxxxx’s obligation to make or maintain SOFR Rate Advances hereunder shall be suspended until such time as such Lender may again make and maintain SOFR Rate Advances, and such Xxxxxx’s outstanding SOFR Rate Advances shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents and the Borrower.

Appears in 2 contracts

Samples: Credit and Security Agreement (BlackRock Private Credit Fund), Credit and Security Agreement (TCW Direct Lending VIII LLC)

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Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make SOFR Rate Advances hereunder, or (ii) maintain SOFR Rate Advances hereunder, then such Lender shall promptly notify the Agents and the Borrower thereof, and such XxxxxxLender’s obligation to make or maintain SOFR Rate Advances hereunder shall be suspended until such time as such Lender may again make and maintain SOFR Rate Advances, and such XxxxxxLender’s outstanding SOFR Rate Advances shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents and the Borrower.

Appears in 1 contract

Samples: Credit and Security Agreement (BlackRock Private Credit Fund)

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Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make SOFR Rate Advances hereunder, or (ii) maintain SOFR Rate Advances hereunder, then such Lender shall promptly notify the Agents and the Borrower thereof, and such Xxxxxx’s obligation to make or maintain SOFR Rate Advances hereunder shall be suspended until such time as such Lender may again 101 make and maintain SOFR Rate Advances, and such Xxxxxx’s outstanding SOFR Rate Advances 102 shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents and the Borrower.

Appears in 1 contract

Samples: Credit and Security Agreement (TCW Direct Lending VIII LLC)

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