Common use of Unascertainable; Increased Costs Clause in Contracts

Unascertainable; Increased Costs. If, on or prior to the first day of a Yield Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBY Rate or Daily BSBY Floating Rate Option cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Yield Periods with respect to an existing or proposed BSBY Rate Capital; or (z) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), and (ii) any Purchaser determines that for any reason in connection with any request for a BSBY Rate Capital or Daily BSBY Floating Rate Capital or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Yield Period with respect to a proposed BSBY Rate Capital or Daily BSBY Floating Rate Capital does not adequately and fairly reflect the cost to such Purchaser of funding such Investment, then the Administrative Agent shall have the rights specified in this Section 4.04.

Unascertainable; Increased Costs. If, on or prior to the first day of a Yield an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the BSBY Rate or Daily BSBY Floating Rate Option cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Yield Interest Periods with respect to an existing or proposed BSBY Rate CapitalLoan; or (z) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), and, (ii) any Purchaser determines Lender shall have determined (which determination shall be conclusive and binding upon the parties hereto absent manifest error) that for any reason in connection with any request for a BSBY Rate Capital Loan or Daily BSBY Floating Rate Capital Loan or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Yield Interest Period with respect to a proposed BSBY Rate Capital Loan or Daily BSBY Floating Rate Capital Loan does not adequately and fairly reflect the cost to such Purchaser Lender of funding such InvestmentLoan, then the Administrative Agent shall have the rights specified in this Section 4.043.04(c).

Unascertainable; Increased Costs. If, on or prior to the first day of a Yield an Interest Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBY Rate or Daily BSBY Floating Rate Option cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Yield Interest Periods with respect to an existing or proposed BSBY Rate CapitalLoan; or (z) a fundamental change has occurred with respect which has materially and adversely affected the market relating to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), and, (ii) any Purchaser determines the Required Lenders determine that for any reason in connection with any request for a BSBY Rate Capital or Daily BSBY Floating Rate Capital Loan or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Yield Interest Period with respect to a proposed BSBY Rate Capital or Daily BSBY Floating Rate Capital Loan does not adequately and fairly reflect the cost to such Purchaser Lenders of funding such InvestmentLoan, then the Administrative Agent shall have the rights specified in this Section 4.044.4(c) [Administrative Agent’s and Lender’s Rights].

Unascertainable; Increased Costs. If, on or prior to the first day of a Yield Period: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBY Rate or Daily BSBY Floating Rate Option cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Yield Periods with respect to an existing or proposed BSBY Rate CapitalInvestment; or (z) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), and (ii) any Purchaser determines that for any reason in connection with any request for a BSBY Rate Capital Investment or Daily BSBY Floating Rate Capital Investment or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Yield Period with respect to a proposed BSBY Rate Capital Investment or Daily BSBY Floating Rate Capital Investment does not adequately and fairly reflect the cost to such Purchaser of funding such Investment, then the Administrative Agent shall have the rights specified in this Section 4.042.06(c).

Unascertainable; Increased Costs. If, on or prior to the first day of a Yield Period:an Interest Periodat any time: (i) (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the BSBY Rate or or Daily BSBY Floating Rate Option Rate1M SOFR cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Yield Interest Periods with respect to an existing or proposed BSBY Rate CapitalLoan or Daily BSBY Floating Rate Loan; or (z) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), and pursuant to the definition thereof; or (ii) (ii) any Purchaser Lender determines that for any reason in connection with any request for a BSBY Rate Capital Loan or Daily BSBY Floating Rate Capital Loan or a conversion thereto or a continuation thereof that the BSBY Rate or Daily BSBY Floating Rate for any requested Yield Interest Period with respect to a proposed BSBY Rate Capital Loan or Daily BSBY Floating Rate Capital LoanDaily 1M SOFR does not adequately and fairly reflect the cost to such Purchaser LendersLender of funding such InvestmentLoan,, establishing or maintaining such Lender’s Loans during the applicable Interest Period and such Lender has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in this Section 4.045.04(c).