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 Term SOFR Rate or Daily SOFR 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 does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan during the applicable Interest Period, 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 4.05(c) [Administrative Agent’s and Xxxxxx’s Rights].

Appears in 1 contract

Samples: Revolving Credit Facility (Meridian Bioscience Inc)

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Unascertainable; Increased Costs. If at any time: (iA) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily SOFR SOFR, as applicable cannot be determined pursuant to the definition thereof; or (iiB) the Required Lenders determine that for any reason in connection with any request for a Term SOFR Rate Loan Advance or a Daily SOFR Loan Advance or conversion thereto or continuation thereof that the Term SOFR Rate does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan Advance during the applicable Interest Period, Period or Daily SOFR does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanAdvance, 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 4.05(c) [Administrative Agent’s and Xxxxxx’s Rights].2.07(d)(iii)

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

Unascertainable; Increased Costs. If 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 the Daily SOFR Rate cannot be determined pursuant to the definition thereof; or or (ii) the Required Lenders determine any Purchaser Agent shall have determined that for any reason in connection with any request for a Term SOFR Rate Loan Capital or Daily SOFR Loan Rate Capital or a conversion thereto or a continuation thereof that the Term SOFR Rate or the Daily SOFR Rate for any requested Yield Period with respect to a proposed Term SOFR Rate or the Daily SOFR Rate does not adequately and fairly reflect the cost to such Lenders the related Purchaser of funding, establishing or maintaining such Loan Purchase during the applicable Interest Yield Period, 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 such Purchaser Agent provided notice of such determination to the Administrative AgentAdministrator, then the Administrative Agent Administrator shall have the rights specified in Section 4.05(c) [Administrative Agent’s and Xxxxxx’s Rights].1.11(c). (b)

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avantor, Inc.)

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Unascertainable; Increased Costs. If at any time:: ​ (iA) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that the Term SOFR Rate or Daily SOFR SOFR, as applicable cannot be determined pursuant to the definition thereof; or (iiB) the Required Lenders determine that for any reason in connection with any request for a Term SOFR Rate Loan Advance or a Daily SOFR Loan Advance or conversion thereto or continuation thereof that the Term SOFR Rate does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such Loan Advance during the applicable Interest Period, Period or Daily SOFR does not adequately and fairly reflect the cost to such Lenders of funding, establishing or maintaining such LoanAdvance, 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 4.05(c) [Administrative Agent’s and Xxxxxx’s Rights].2.07(d)(iii)

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

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