Common use of Unascertainable; Increased Costs Clause in Contracts

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Periodat any time: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBYthe Term SOFR Rate or Daily BSBY Floating Rate Option1M SOFR, as applicable, 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 Interest Periods with respect to an existing or proposed BSBY 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), andpursuant to the definition thereof; or (ii) any Lender determines that for any reason in connection with any request for a BSBY Rate Loan or Daily BSBY Floating Rate Loan or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Interest Period with respect to a proposed BSBY Rate Loan or Daily BSBY Floating Rate Loanthat the Term SOFR Rate does not adequately and fairly reflect the cost to such Lender of funding such Loan,, establishing or maintaining such Lender’s Loans during the applicable Interest Period or Daily 1M SOFR does not adequately and fairly reflect the cost to such Lender of funding, establishing or maintaining such Lender’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 2.06(c).

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Periodat a Yield Period (or solely with respect to Daily BSBY Floating Rate, onat any timeday)time: (i) the Administrative Agent Administrator shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBYthe Term the BSBYTerm SOFR Rate or the Daily BSBY Floating Rate Option1Rate1M SOFR, as applicable, 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 Interest Periods with respect to an existing or proposed the BSBY Rate Loanor the Daily BSBY Floating Rate for such Yield Period (or portion thereof); or (z) a fundamental change has occurred with respect to the BSBY Rate or the Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), ; andpursuant to the definition thereof; or (ii) any Lender affected Purchaser determines that for any reason in connection with any request for a the BSBY Rate Loan RateDaily 1M SOFR or the Daily BSBY Floating Rate Loan or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Interest Period with respect to a proposed BSBY Rate Loan or Daily BSBY Floating Rate Loanthat the Term FloatingTerm SOFR Rate Rate, as applicable, does not adequately and fairly reflect the cost to such Lender Purchaser of funding such Loan,funding, establishing or maintaining such Lenderany Portion ofsuch Purchaser’s Loans Capital during the suchthe applicable Interest Yield Period (or portion thereof),or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Lender Purchaser of funding, establishing or maintaining such LenderPurchaser’s LoansCapital, and such Lender Purchaser has provided notice of such determination to the Administrative AgentAdministrator; then the Administrative Agent Administrator shall have the rights specified in Section 2.06(c3.041.11(c).

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Periodat any timea YieldDiscount Period: (i) the Administrative Agent Administrator shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBYthe Term SOFR BSBY Rate or Daily BSBY Floating Floating1M SOFR or the Term SOFR Rate Option1M SOFR, as applicable, 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 Interest Yield Periods with respect to an existing or proposed BSBY Rate LoanInvestmentpursuant to the definition thereof; or (zzy) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Floating1M SOFR or the Term SOFR Rate (including, without limitation, changes in national or international financial, political or economic conditions), andpursuant to the definition thereofand; or (ii) any Lender Purchaser determines that for any reason in connection with any request for a BSBY Rate Loan Investment or Daily BSBY Floating Rate Loan Investment or a conversion thereto or a continuation thereof that the BSBY BSBYthat Daily 1M SOFR or the Term SOFR Rate for any requested Interest Yield Period with respect to a proposed BSBY Rate Loan Investment or Daily BSBY Floating Rate Loanthat the Term SOFR Rate InvestmentDiscount Period does not adequately and fairly reflect the cost to such Lender Purchaser of funding such LoanInvestment,, establishing or maintaining such LenderPurchaser’s Loans during the applicable Interest Period or Daily 1M SOFR does not adequately and fairly reflect the cost to such Lender of funding, establishing or maintaining such Lender’s LoansCapital, and such Lender Purchaser has provided notice of such determination to the Administrative AgentAdministrator; then the Administrative Agent Administrator shall have the rights specified in Section 2.06(c1.271.25(c).

Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Periodat any time: (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) BSBYthe Term SOFR BSBY Rate or Daily BSBY Floating Rate Option1M SOFR, as applicable, 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 Interest Periods with respect to an existing or proposed BSBY 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), andpursuant to the definition thereof; or (ii) any Lender determines that for any reason in connection with any request for a BSBY Rate Loan or Daily BSBY Floating Rate Loan or a conversion thereto or a continuation thereof that the BSBY Rate for any requested Interest Period with respect to a proposed BSBY Rate Loan or Daily BSBY Floating Rate Loanthat the Term Daily 1M SOFR Rate does not adequately and fairly reflect the cost to such Lender of funding such Loan,, establishing or maintaining such Lender’s Loans Loan during the applicable Interest Period or that Daily 1M SOFR does not adequately and fairly reflect the cost to such Lender of funding, establishing or maintaining such Lender’s LoansLoan, and such Lender has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 2.06(c3.04(c).