Common use of Unascertainable; Increased Costs Clause in Contracts

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (ii) any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate for any requested Interest Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, and such Lender has provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Xxxxxx’s Rights].

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest a Tranche Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate Rate, Daily 1M SOFR or Daily Simple SOFR cannot be determined pursuant to the definition thereof; because it is not available or published on a current basis or (y) a fundamental change has occurred with respect to the Term SOFR Rate such rate (including, without limitation, changes in national or international financial, political or economic conditions), (ii) the Administrative Agent determines (which determination shall be conclusive and binding absent manifest error) that the SOFR Rate, Daily 1M SOFR or Daily Simple SOFR cannot be determined pursuant to the definition thereof, or (iiiii) on or prior to the first day of any Tranche Period, any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate Loan Option for any requested Interest Tranche Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanLoan and, and such in each case, any Lender has provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Xxxxxx’s Rights]5.04(c).

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (ii) any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate for any requested Interest Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, and such Lender has provided notice of such determination to the Administrative Agent, then then, in the case of clauses (i) and (ii) above, the Administrative Agent shall have the rights specified in Section 4.4(c) 3.4.3 [Administrative Agent’s and Xxxxxx’s Rights].

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the SOFR Rate cannot be determined because it is not available or published on a current basis, (xii) the Term Administrative Agent determines (which determination shall be conclusive and binding absent manifest error) that the SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (iiiii) on or prior to the first day of any Interest Period, any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate Loan Option for any requested Interest Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanLoan and, and such in each case, any Lender has provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c) [Administrative Agent’s and Xxxxxx’s Rights]3.04(c).

Unascertainable; Increased Costs. If, on or prior to after the first day of an Interest PeriodEffective Date: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (ii) any Lender the Required Lenders determines that for any reason in connection with any request for a Term SOFR Rate Loan Credit Extension or a conversion thereto or a continuation thereof that the Term SOFR Rate for any requested Interest Period with respect to a proposed Term SOFR Rate Loan Credit Extension does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanCredit Extension, and such Lender has provided the Required Lenders provide notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c5.1(c) [Administrative Agent’s and Xxxxxx’s Rights].of this Exhibit A.

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period: (i) 4.4.1.1 the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (ii) any Lender determines 4.4.1.2 the Required Lenders shall have determined that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate for any requested Interest Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, and such Lender has the Required Lenders have provided notice of such determination to the Administrative Agent, (i) adequate and reasonable means do not exist for ascertaining such LIBOR Rate, or (ii) a contingency has occurred which materially and adversely affects the London interbank eurodollar market relating to the LIBOR Rate, then the Administrative Agent shall have the rights specified in Section 4.4(c) 4.4.34.4.3 [Administrative Agent’s and XxxxxxLender’s Rights].

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), or (ii) any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a conversion thereto or a continuation thereof that the Term SOFR Rate for any requested Interest Period with respect to a proposed Term SOFR Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, and the such Lender has provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c) 4.4.4 [Administrative Agent’s 's and Xxxxxx’s Lxxxxx's Rights].