Sustainability Targets. After the Effective Date, the Borrower may submit a written request to the Administrative Agent and the Sustainability Agent that this Agreement be amended to provide for an annual adjustment (an increase, a decrease or no adjustment) to the Applicable Margin based on the performance of the Borrower and its Subsidiaries against the Sustainability Targets (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets, as prepared by the Borrower in consultation with the Sustainability Agent.
Sustainability Targets. (a) The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the date of this Agreement and that Schedule 1.09 therefore has been intentionally left blank. The Borrower may, at any time prior to the first anniversary of the Effective Date, submit a request in writing to the Sustainability Structuring Agents that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 1.09), to be mutually agreed among the parties hereto in accordance with this Section 1.09 and Section 12.02 (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets as prepared by the Borrower in consultation with the Sustainability Structuring Agents and devised with assistance from the Sustainability Assurance Provider (as defined below), which shall be included as Schedule 1.09 (the “Sustainability Table”). The proposed ESG Amendment shall also include the ESG Pricing Provisions (as defined below) and identify a sustainability assurance provider selected by the Borrower and reasonably acceptable to the Majority Lenders, provided that any such sustainability assurance provider shall be a qualified external reviewer, independent of the Borrower and its Subsidiaries, with relevant expertise, such as an auditor, environmental consultant and/or independent ratings agency of recognized national standing (the “Sustainability Assurance Provider”).
Sustainability Targets. After the Restatement Date, the Borrower may submit a written request to the Administrative Agent and the Sustainability Agents that the Borrower, the Administrative Agent and Required Lenders modify this Agreement by a letter agreement to provide for an annual adjustment (an increase, a decrease or no adjustment) to the Applicable Rate based on the performance of the Borrower and its Subsidiaries against the Sustainability Targets (such agreement, the “ESG Side Letter”). Such request shall be accompanied by the proposed Sustainability Targets, as prepared by the Borrower in consultation with the Sustainability Agents.
Sustainability Targets. (a) The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the date of this Agreement and that Schedule 1.12 therefore has been intentionally left blank. The Borrower Representative may at any time submit a request in writing to the Administrative Agent that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 1.12), to be mutually agreed among the parties hereto in accordance with this Section 1.12 and Section 9.02 (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets as prepared by the Borrower Representative in consultation with one or more Lenders serving as “sustainability structuring agents”, which shall be included as Schedule 1.12. The proposed ESG Amendment shall also include the ESG Pricing Provisions.
Sustainability Targets. (a) The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the date of this Agreement and that Schedule 2.21 therefore has been intentionally left blank. The Company may, at any time prior to the second anniversary of the Effective Date, submit a request in writing to the Administrative Agent that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 2.21), to be mutually agreed among the parties hereto in accordance with this Section 2.21 and Section 10.02 (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets as prepared by the Company in consultation with the Sustainability Structuring Agent and devised with assistance from the Sustainability Assurance Provider (defined below), which shall be included as Schedule 2.21 (the “Sustainability Table”).
Sustainability Targets. (a) The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the date of this Agreement and that Schedule 2.24 therefore has been intentionally left blank. The Borrower may submit a request in writing to the Administrative Agent that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 2.24), to be mutually agreed among the parties hereto in accordance with this Section 2.24 and Section 9.03 (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets as prepared by the Borrower and devised with assistance from the Sustainability Assurance Provider (defined below), which shall be included as Schedule 2.25 (the “Sustainability Table”). The proposed ESG Amendment shall also include the ESG Pricing Provisions (defined below) and identify a sustainability assurance provider, provided that any such sustainability assurance provider shall be a qualified external reviewer, independent of the Borrower and its Subsidiaries, with relevant expertise, such as an auditor, environmental consultant and/or independent ratings agency of recognized national standing (the “Sustainability Assurance Provider”).
Sustainability Targets. The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the date of this Agreement. The Borrower may, at any time after the Effective Date but prior to the one year anniversary of the Closing Date (the “ESG Amendment Deadline”), submit a request in writing to the Administrative Agent that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 2.22), to be mutually agreed among the Borrower, the Administrative Agent, the Sustainability Structuring Agent and the Required Lenders in accordance with this Section 2.22 (and notwithstanding anything to the contrary in Section 9.02) (such amendment, the “ESG Amendment”); provided that upon the written request of the Borrower to the Administrative Agent prior to the ESG Amendment Deadline, the ESG Amendment Deadline may be extended for an additional six (6) months so long as the Administrative Agent has not received, by 5:00 p.m (New York City time) on the fifth (5th) 77 Business Day after the date on which the Administrative Agent has provided such extension request to the Lenders, written notice of objection to such extension request from Lenders comprising the Required Lenders. Such ESG Amendment request shall be accompanied by the proposed Sustainability Targets as prepared by the Borrower in consultation with the Sustainability Structuring Agent. The proposed ESG Amendment shall also include the ESG Pricing Provisions (defined below). Nothing in this Agreement shall require the Borrower to provide any reports with respect to Sustainability Targets prior to the effectiveness of an ESG Amendment.
