Common use of Tranche Rate Replacement Clause in Contracts

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b)), but without limiting Section 2.16(a) above, if Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over Administrative Agent has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to Administrative Agent, then on a date and time determined by Administrative Agent, but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”).

Appears in 2 contracts

Samples: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.)

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Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Swap Agreement shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b4.15(b)), but without limiting Section 2.16(a4.15(a) above, if the Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii4.15(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over the Administrative Agent has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to the Administrative Agent, then on a date and time determined by the Administrative Agent, but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (Cumulus Media Inc)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b)), but without limiting Section 2.16(a9.3(a) above, if the Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii9.3(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over the Administrative Agent or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator reasonably satisfactory to the Administrative AgentAgent (in consultation with the Borrower), then on a date and time determined by the Administrative AgentAgent (in consultation with the Borrower) (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement Rate Contract shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b4.04(c)), but without limiting Section 2.16(a4.04(b) above, if Administrative Agent reasonably the Lender determines (which determination shall be conclusive and binding on all parties hereto Borrower absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii4.04(b)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over Administrative Agent the Lender or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to Administrative Agentthe Lender, then on a date and time determined by Administrative Agentthe Lender (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit and Security Agreement (Singing Machine Co Inc)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement Rate Contract shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b4.04(c)), but without limiting Section 2.16(a4.04(b) above, if Administrative Agent reasonably the Lender determines (which determination shall be conclusive and binding on all parties hereto Borrowers absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii4.04(b)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over Administrative Agent the Lender or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to Administrative Agentthe Lender, then on a date and time determined by Administrative Agentthe Lender (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit and Security Agreement (LIVE VENTURES Inc)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Swap Agreement shall be deemed not to be a "Loan Document" for purposes of this Section 2.16(b3.03(b)), but without limiting Section 2.16(a3.03(a) above, if the Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii3.03(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over the Administrative Agent or such administrator has made a public statement identifying a specific date (the "Scheduled Unavailability Date") after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to the Administrative Agent, then on a date and time determined by the Administrative AgentAgent (the "Tranche Rate Replacement Date"), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (HighPeak Energy, Inc.)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement shall be deemed not to be a and, for the avoidance of doubt, “Loan DocumentDocumentsfor purposes of this Section 2.16(b)shall not include any Secured Hedge Agreement), but without limiting Section 2.16(a3.03(a) above, if the Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii3.03(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over the Administrative Agent or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to the Administrative Agent, then on a date and time determined by the Administrative Agent, in consultation with the Borrower, (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (Portillo's Inc.)

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Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Swap Agreement shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b3.03(b)), but without limiting Section 2.16(a3.03(a) above, if the Administrative Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii3.03(a)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over the Administrative Agent or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to the Administrative Agent, then on a date and time determined by the Administrative AgentAgent (the “Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (HighPeak Energy, Inc.)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement Rate Contract shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b2.5(c)), but without limiting Section 2.16(a2.5(b) above, if Administrative the Agent reasonably determines (which determination shall be conclusive and binding on all parties hereto absent manifest error) that any of the circumstances described in Section 2.16(a)(i)-(iii2.5(b)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over Administrative the Agent or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to Administrative the Agent, then on a date and time determined by Administrative Agentthe Agent (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit Agreement (Universal Logistics Holdings, Inc.)

Tranche Rate Replacement. (i) Notwithstanding anything to the contrary herein or in any other Loan Document (and any Master Agreement Rate Contract shall be deemed not to be a “Loan Document” for purposes of this Section 2.16(b4.04(c)), but without limiting Section 2.16(a4.04(b) above, if Administrative Agent reasonably the Lender determines (which determination shall be conclusive and binding on all parties hereto Borrower absent manifest error) that any of the circumstances described 37 in Section 2.16(a)(i)-(iii4.04(b)(i)-(iii) has occurred and is unlikely to be temporary or the administrator of the Tranche Rate or a Governmental Authority having or purporting to have jurisdiction over Administrative Agent the Lender or such administrator has made a public statement identifying a specific date (the “Scheduled Unavailability Date”) after which the Tranche Rate will no longer be representative or made available or used for determining the interest rate of loans or otherwise cease or will no longer be in compliance or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Benchmarks, and there is no successor administrator satisfactory to Administrative Agentthe Lender, then on a date and time determined by Administrative Agentthe Lender (the “Tranche Rate Replacement Date”), but no later than the Scheduled Unavailability Date, the Tranche Rate will be replaced hereunder and under any other Loan Document with Daily Simple SOFR (“SOFR Successor Rate”)SOFR.

Appears in 1 contract

Samples: Credit and Security Agreement (LIVE VENTURES Inc)

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