LIBOR Notification. Section 3.8(b) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.)
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 4 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
LIBOR Notification. Section 3.8(b2.07(e) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateLIBOR” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.)
LIBOR Notification. Section 3.8(b2.04(f) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Financing Agreement (Alj Regional Holdings Inc), Financing Agreement (Alj Regional Holdings Inc)
LIBOR Notification. Section 3.8(b) 2.13 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Eurodollar Base Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Credit Agreement (M/I Homes, Inc.), Credit Agreement (M/I Homes, Inc.)
LIBOR Notification. Section 3.8(b) 3.03 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateLIBOR” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” Rate or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “Adjusted LIBOR Rate” or LMIR or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Owens & Minor Inc/Va/), Receivables Financing Agreement (Owens & Minor Inc/Va/)
LIBOR Notification. Section 3.8(b3.03(b) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Term Loan Agreement (Nordson Corp)
LIBOR Notification. Section 3.8(b) 2.12 of this Credit Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b3.5(d) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 3.8.2 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR "Eurodollar Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.. 074658.01845/123458281v.1
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (SMTC Corp)
LIBOR Notification. Section 3.8(b) 3.03 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b3.03(b) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Credit Agreement (Nordson Corp)
LIBOR Notification. Section 3.8(b) 4.6 [Successor LIBOR Rate Index] of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 3.8.2 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Daseke, Inc.)
LIBOR Notification. Section 3.8(b3.02(d) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Eurocurrency Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Credit Agreement (Paycor Hcm, Inc.)
LIBOR Notification. Section 3.8(b) 4.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateAdjusted LIBOR” or “LMIR”, as applicable, or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the one or more London interbank offered rate rates is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ampco Pittsburgh Corp)
LIBOR Notification. Section 3.8(b) of this Agreement 4.05 provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” Adjusted LIBOR, LMIR or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Receivables Financing Agreement (PRA Health Sciences, Inc.)
LIBOR Notification. Section 3.8(b) of this Agreement 3.8.2 hereof provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.)
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Quantum Corp /De/)
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.warrant
Appears in 1 contract
Samples: Receivables Financing Agreement (Davey Tree Expert Co)
LIBOR Notification. Section 3.8(b2.02(f) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
2.6. Section 2.02
Appears in 1 contract
LIBOR Notification. Section 3.8(b) of this Agreement 3.03 provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” "LIBOR" or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Allegheny Technologies Inc)
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of OTHER RATES IN THE DEFINITION OF “LIBOR RateADJUSTED LIBOR” or with respect to any alternative or successor rate theretoOR “LMIR” OR WITH RESPECT TO ANY ALTERNATIVE OR SUCCESSOR RATE THERETO, or replacement rate thereforOR REPLACEMENT RATE THEREFOR.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Ashland Global Holdings Inc)
LIBOR Notification. Section 3.8(b) 1.24 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent Administrator does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition definitions of “Euro-Rate”, “LIBOR Market Index Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Knight-Swift Transportation Holdings Inc.)
LIBOR Notification. Section 3.8(b) of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Viant Technology Inc.)
LIBOR Notification. Section 3.8(b) 3.03 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “"LIBOR Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor, except to the extent resulting from its gross negligence, bad faith or willful misconduct.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateAdjusted LIBOR” or “LMIR” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)
LIBOR Notification. Section 3.8(b2.09(g) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Eurodollar Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Credit Agreement (Ugi Utilities Inc)
LIBOR Notification. Section 3.8(b) 3.8.2. of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Build a Bear Workshop Inc)
LIBOR Notification. Section 3.8(b) 1.12 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent Administrator does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateUSD LIBOR” or with respect to any alternative or successor rate thereto, or replacement rate therefortherefor.[Reserved].
Appears in 1 contract
Samples: Receivables Purchase Agreement (Wesco International Inc)
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or 748740795 18564151 other rates in the definition of “LIBOR RateAdjusted LIBOR” or “LMIR” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 2.14 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR "LIBO Rate” " or with respect to any alternative or successor rate thereto, or replacement rate therefor.
(e) Article II of the Existing Loan Agreement is hereby amended by adding the following as a new Section 2.14 at the end thereof:
Appears in 1 contract
Samples: Receivables Loan, Security and Servicing Agreement (Flowers Foods Inc)
LIBOR Notification. Section 3.8(b) 5.06 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “Adjusted LIBOR Rate” or LMIR or with respect to any alternative or successor rate thereto, or replacement rate therefor.. ARTICLE XIIARTICLE XII ARTICLE XIIIARTICLE XIII
Appears in 1 contract
Samples: Receivables Financing Agreement (Owens & Minor Inc/Va/)
LIBOR Notification. Section 3.8(b) 2.19 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR LMIR” or “LIBO Rate” or in either case with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 2.14 of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
LIBOR Notification. Section 3.8(b) 5.05 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.or
Appears in 1 contract
Samples: Receivables Financing Agreement (DCP Midstream, LP)
LIBOR Notification. Section 3.8(b) 3.8.2 of this Agreement provides a mechanism for determining an alternative alternate rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
LIBOR Notification. Section 3.8(b) 1.12 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the London interbank offered rate is no longer available or in certain other circumstances. The Agent Administrator does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR RateUSD LIBOR” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Wesco International Inc)