Common use of Successor or Alternative Rate Clause in Contracts

Successor or Alternative Rate. If the Issuer, following consultation with such Independent Adviser, determines, acting in good faith and in a commercially reasonable manner, that: (A) there is a Successor Rate, then such Successor Rate as adjusted by the applicable Adjustment Spread (as provided in Condition 3.4(c)) shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.4); or (B) there is no Successor Rate but that there is an Alternative Rate, then such Alternative Rate as adjusted by the applicable Adjustment Spread (as provided in Condition 3.4(c)) shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.4).

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

AutoNDA by SimpleDocs

Successor or Alternative Rate. If the Issuer, following consultation with such Independent Adviser, determines, acting determines in good faith and in a commercially reasonable manner, that: (A) there is a Successor Rate, then such Successor Rate Rate, as adjusted by the applicable Adjustment Spread (as provided in determined pursuant to Condition 3.4(c3(d)(iii)) , shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.43(d)); or (B) there is no Successor Rate but that there is an Alternative Rate, then such Alternative Rate Rate, as adjusted by the applicable Adjustment Spread (as provided in determined pursuant to Condition 3.4(c3(d)(iii)) , shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.43(d)).

Appears in 3 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Successor or Alternative Rate. If the Issuer, following consultation with such Independent Adviser, determines, acting determines in good faith and in a commercially reasonable manner, that: (A) there is a Successor Rate, then such Successor Rate Rate, as adjusted by the applicable Adjustment Spread (as provided in determined pursuant to Condition 3.4(c4(e)(iii)) , shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.44(e)); or (B) there is no Successor Rate but that there is an Alternative Rate, then such Alternative Rate Rate, as adjusted by the applicable Adjustment Spread (as provided in determined pursuant to Condition 3.4(c4(e)(iii)) , shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.44(e)).

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

AutoNDA by SimpleDocs

Successor or Alternative Rate. If the Issuer, following consultation with such Independent Adviser, determines, acting determines in good faith and in a commercially reasonable manner, that: (A) there is a Successor Rate, then such Successor Rate as adjusted by the applicable Adjustment Spread shall (subject to adjustment as provided in Condition 3.4(c3(d)(iii)) shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.43(d)); or (B) there is no Successor Rate but that there is an Alternative Rate, then such Alternative Rate as adjusted by the applicable Adjustment Spread shall (subject to adjustment as provided in Condition 3.4(c3(d)(iii)) shall subsequently be used in place of the Original Reference Rate to determine the relevant Rate(s) of Interest (or the relevant component part(s) thereof) for all relevant future payments of interest on the Notes (subject to the further operation of this Condition 3.43(d)).

Appears in 1 contract

Samples: Agency Agreement

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