Common use of Unascertainable; Increased Costs Clause in Contracts

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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) any Purchaser determines that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchaser of funding, establishing or maintaining such Purchaser’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser of funding, establishing or maintaining such Purchaser’s Capital, and such Purchaser has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c).

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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) any Purchaser determines that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchaser of funding, establishing or maintaining such Purchaser’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser of funding, establishing or maintaining such Purchaser’s Capital, and such Purchaser has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c2.05(c).

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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) any Purchaser determines the Administrative Agent is advised by the Required Purchaser/Lenders that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchaser Purchaser/Lender of funding, establishing or maintaining such Purchaser/Lender’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser Purchaser/Lender of funding, establishing or maintaining such Purchaser/Lender’s Capital, and such Purchaser has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c2.05(c).

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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) any Purchaser determines the Required Purchasers determine that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchaser Purchasers of funding, establishing or maintaining such Purchaser’s Purchasers’ Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser Purchasers of funding, establishing or maintaining such Purchaser’s Purchasers’ Capital, and such Purchaser has Purchasers have provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c).

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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) any Purchaser determines the Required Purchasers determine that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchaser Purchasers of funding, establishing or maintaining such Purchaser’s Purchasers’ Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser of funding, establishing or maintaining such Purchaser’s Purchasers’ Capital, and such Purchaser has Purchasers have provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c).

Unascertainable; Increased Costs. If, at any time: (i) the Administrative Agent Administrator 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) any Purchaser Agent determines that for any reason the Term SOFR Rate or Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to the Purchasers in such Purchaser Agent’s Purchaser Group of funding, establishing or maintaining such Purchaser’s Capital during the applicable Yield Settlement Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser in such Purchaser Agent’s Purchaser Group of funding, establishing or maintaining such Purchaser’s Capital, and such Purchaser Agent has provided notice of such determination to the Administrative AgentAdministrator; then the Administrative Agent Administrator shall have the rights specified in Section 2.04(c1.23(c).