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) 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 Purchasers of funding, establishing or maintaining such Purchasers’ Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchasers of funding, establishing or maintaining such Purchasers’ Capital, and such 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).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Rackspace Technology, Inc.)

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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) the Administrative Agent is advised by the Required Purchasers determine Purchaser/Lenders that for any reason Daily 1M SOFR or the Term SOFR Rate does not adequately and fairly reflect the cost to such Purchasers Purchaser/Lender of funding, establishing or maintaining such Purchasers’ Purchaser/Lender’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchasers Purchaser/Lender of funding, establishing or maintaining such Purchasers’ Purchaser/Lender’s Capital, and such Purchasers have 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).

Appears in 1 contract

Samples: Receivables Purchase and Financing Agreement (Phillips 66)

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) 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 Purchasers of funding, establishing or maintaining such Purchasers’ Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchasers Purchaser of funding, establishing or maintaining such Purchasers’ Capital, and such 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).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Centuri Holdings, 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 1M SOFR, as applicable, cannot be determined pursuant to the definition thereof; or (ii) the Required Purchasers determine 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 Purchasers Purchaser of funding, establishing or maintaining such Purchasers’ Purchaser’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchasers Purchaser of funding, establishing or maintaining such Purchasers’ Purchaser’s Capital, and such Purchasers have 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).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Labcorp Holdings Inc.)

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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) the Required Purchasers determine 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 Purchasers Purchaser of funding, establishing or maintaining such Purchasers’ Purchaser’s Capital during the applicable Yield Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Purchasers Purchaser of funding, establishing or maintaining such Purchasers’ Purchaser’s Capital, and such Purchasers have 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 (Fortrea Holdings Inc.)

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