Inability to Determine Rates Successor Rates Sample Clauses

Inability to Determine Rates Successor Rates. (1) If, in connection with any request for a SOFR Loan, or in connection with a request for a conversion of Base Rate Loans to SOFR Loans or a continuation of SOFR Loans, as applicable, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (A) no Successor Rate for SOFR or the Term SOFR Screen Rate (as applicable) has been determined in accordance with clause (b) below and either the event(s) and/or circumstance(s) described in clause (b)(i) below or the Scheduled Unavailability Date have occurred with respect to SOFR and/or the Term SOFR Screen Rate (as applicable), or (B) adequate and reasonable means do not otherwise exist for determining SOFR and/or the Term SOFR Screen Rate (as applicable) for any determination date(s) or requested Interest Period(s) or tenors, as applicable, with respect to a proposed SOFR Loan, or otherwise in connection with an existing or proposed Base Rate Loan, or (ii) the Administrative Agent or the Required Lenders shall have determined that, for any reason, SOFR, the Term SOFR Screen Rate, and/or Term SOFR with respect to a proposed Borrowing of any SOFR Loan hereunder for any requested Interest Period or determination date(s) does not adequately and fairly reflect the cost to the Lenders of funding such proposed Loan, then, in any such case of the foregoing clauses (a)(i) and (a)(ii), the Administrative Agent shall promptly so notify each Borrower and each Lender. Thereafter: (I) the obligation of the Lenders to make or maintain SOFR Loans, or to convert Base Rate Loans to SOFR Loans or to continue SOFR Loans, shall be suspended (to the extent of the affected Loans, Interest Period(s), tenors or determination date(s), as applicable); and (II) in the event of a determination described in the first (1st) sentence of this clause (a) with respect to the component of the Base Rate described in clause (c) of the definition of “Base Rate” in Section 1.01, the utilization of such component in determining the Base Rate shall be suspended, in each case of the foregoing clauses (a)(I) and (a)(II), until the Administrative Agent (or, in the case of a determination by the Required Lenders described in the foregoing clause (a)(ii), until the Administrative Agent upon instruction of the Required Lenders) revokes such notice. Upon receipt of such notice: (1) any Borrower may revoke any pending request for a Borrowing of, or conversion to or continuation of Loans a...
AutoNDA by SimpleDocs
Inability to Determine Rates Successor Rates. 60 [OPAL Fuels Credit Agreement]
Inability to Determine Rates Successor Rates 

Related to Inability to Determine Rates Successor Rates

  • Inability to Determine Rates If the Required Lenders determine that for any reason in connection with any request for a Eurodollar Rate Loan or a conversion to or continuation thereof that (a) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Eurodollar Rate Loan, (b) adequate and reasonable means do not exist for determining the Eurodollar Rate for any requested Interest Period with respect to a proposed Eurodollar Rate Loan, or (c) the Eurodollar Rate for any requested Interest Period with respect to a proposed Eurodollar Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent will promptly so notify the Borrower and each Lender. Thereafter, the obligation of the Lenders to make or maintain Eurodollar Rate Loans shall be suspended until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a Borrowing of, conversion to or continuation of Eurodollar Rate Loans or, failing that, will be deemed to have converted such request into a request for a Borrowing of Base Rate Loans in the amount specified therein.

  • Inability to Determine Interest Rate If prior to the first day of any Interest Period:

  • Replacement of Term SOFR or Successor Rate Notwithstanding anything to the contrary in this Agreement or any other Loan Documents, if the Administrative Agent determines (which determination shall be conclusive absent manifest error), or the Borrower or Required Lenders notify the Administrative Agent (with, in the case of the Required Lenders, a copy to the Borrower) that the Borrower or Required Lenders (as applicable) have determined, that:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!