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) Daily 1M SOFR or the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to Daily 1M SOFR or 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 that Daily 1M SOFR or the Term SOFR Rate for any requested Interest Period does not adequately and fairly reflect the cost to such Lender of funding such Xxxxxx’s Loans, and such Lender has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c).
Appears in 2 contracts
Samples: Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Sabre Corp)
Unascertainable; Increased Costs. If, on or prior to the first day of an Interest a Yield Period:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) Daily 1M SOFR or the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to Daily 1M SOFR or the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions); or
(ii) any Lender Purchaser determines that for any reason that Daily 1M SOFR or the Term SOFR Rate for any requested Interest Yield Period does not adequately and fairly reflect the cost to such Lender Purchaser of funding such XxxxxxPurchaser’s LoansCapital, and such Lender 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).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Kinetik Holdings Inc.)
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) Daily 1M SOFR or the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to Daily 1M SOFR or 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 that Daily 1M SOFR or the Term SOFR Rate for any requested Interest Period does not adequately and fairly reflect the cost to such Lender of funding such Xxxxxx’s Loans, and such Lender has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.04(c5.04(c).
Appears in 1 contract
Samples: Receivables Financing Agreement (Lamar Media Corp/De)
Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Yield Period:
(i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) Daily 1M SOFR or the Term SOFR Rate cannot be determined pursuant to the definition thereof; or (y) a fundamental change has occurred with respect to Daily 1M SOFR or the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions); or
(ii) any Lender Purchaser determines that for any reason that Daily 1M SOFR or the Term SOFR Rate for any requested Interest Yield Period does not adequately and fairly reflect the cost to such Lender Purchaser of funding such XxxxxxPurchaser’s LoansCapital, and such Lender 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).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Mativ Holdings, Inc.)