Sustainability Linked Loan. At any time, prior to the Termination Date, the Borrower shall have the option, in its sole discretion and by written notice to the Administrative Agent, to designate the Revolving Facility and the Loans hereunder as a sustainability-linked facility without further consent of the Lenders. Upon the Borrower’s designation, the Borrower may appoint one or more sustainability or ESG (environmental, social and governance) agents or arrangers. In connection with such designations, the Borrower may elect to provide periodic reports and information in addition to those required pursuant to Section 5.01, which may include ESG reports, reporting on key performance indicators and other sustainability metrics, which reports and information may be prepared by the Borrower or a third-party selected by the Borrower for such purpose. For the avoidance of doubt, no changes to the Applicable Margin or any other provisions that would require the consent of each affected Lender pursuant to Section 10.08(a) shall be made or permitted under this Section 10.21 in the absence of any consent so required. 147
Sustainability Linked Loan. Each party to this Agreement hereby agrees that the Facility is not and shall not be a sustainability-linked loan unless and until the effectiveness of any ESG Amendment.
