Unascertainable; Increased Costs. If at any time: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily SOFR, as applicable cannot be determined pursuant to the definition thereof; or (ii) the Required Lenders determine that for any reason in connection with any request for a Term SOFR Rate Loan or Daily SOFR Loan or conversion thereto or continuation thereof that the Term SOFR Rate or Daily SOFR does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, as applicable, and the Required Lenders have provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c).
Appears in 3 contracts
Samples: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)
Unascertainable; Increased Costs. If at any time:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily SOFR, as applicable cannot be determined pursuant to the definition thereof; or
(ii) the Required Lenders determine that for any reason in connection with any request for a Term SOFR Rate Loan or Daily SOFR Loan or conversion thereto or continuation thereof that the Term SOFR Rate or Daily SOFR does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanLoan during the applicable Interest Period, as applicable, and the Required Lenders have provided notice of such determination to the Administrative Agent, then the Administrative Agent shall have the rights specified in Section 4.4(c)3.4(c) [Administrative Agent’s and Xxxxxx’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Unascertainable; Increased Costs. If If, at any time:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily 1M SOFR, as applicable cannot be determined pursuant to the definition thereof; or
(ii) the Required Lenders determine any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or a Daily SOFR Loan or conversion thereto or continuation thereof that the Term SOFR Rate or Daily SOFR 1M SOFR, as applicable, does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan, as applicableLoan during the applicable Interest Period, and the Required Lenders have 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(c4.05(c).
Appears in 2 contracts
Samples: Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp)
Unascertainable; Increased Costs. If If, at any time:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term Daily 1M SOFR Rate or Daily SOFR, as applicable cannot be determined pursuant to the definition thereof; or
(ii) the Required Lenders determine any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or that Daily SOFR Loan or conversion thereto or continuation thereof that the Term SOFR Rate or Daily 1M SOFR does not adequately and fairly reflect the cost to such Lenders Lender of funding, establishing or maintaining such Loan during the applicable Interest Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Lender of funding, establishing or maintaining such Lender’s Loan, as applicable, and the Required Lenders have 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(c3.04(c).
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Unascertainable; Increased Costs. If If, at any time:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily 1M SOFR, as applicable applicable, cannot be determined pursuant to the definition thereof; or
(ii) the Required Lenders determine any Lender determines that for any reason in connection with any request for a Term SOFR Rate Loan or Daily SOFR Loan or conversion thereto or continuation thereof that the Term SOFR Rate does not adequately and fairly reflect the cost to such Lender of funding, establishing or maintaining such Lender’s Loans during the applicable Interest Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Lenders Lender of funding, establishing or maintaining such Loan, as applicableLender’s Loans, and the Required Lenders have 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).;
Appears in 1 contract
Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.)