Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (I) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; and (B) if a tenor that was removed pursuant to clause (A) above either (I) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the a then-current Benchmark is a term rate (including the Term SOFR Reference Rateor a Relevant LIBOR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark (1) is not no longer representative or will not no longer be representativerepresentative as of a specified date or (2) will cease to be provided by the administrator permanently or indefinitely as of a specified date, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any setting of such Benchmark settings at or after such time to remove any such affected tenor of such Benchmark that is unavailable or a non-representative tenor; and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a such Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not no longer or will not no longer be representative for a such Benchmark (including a Benchmark Replacement)) or will cease to be provided by the administrator, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all settings of such Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Second Amendment (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Base Rate, Term SOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Alleghany Corp /De), Credit Agreement (Hawkins Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Radian Group Inc), Syndicated Facility Agreement (Civeo Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein in this Agreement or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), ): (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Required Lenders in its their reasonable discretion discretion, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then then, in any such case of the foregoing clause (e)(i)(A) or (e)(i)(B), the Administrative Agent may modify the definition of “Interest Period” in Section 1.1 (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time in order to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; and (Bii) if a tenor that was removed pursuant to the foregoing clause (Ae)(i) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including including, without limitation, a Benchmark Replacement) ), or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including including, without limitation, a Benchmark Replacement), then then, in any such case of the foregoing clause (e)(ii)(A) or (e)(ii)(B), the Administrative Agent may modify the definition of “Interest Period” in Section 1.1 (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time in order to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (W&t Offshore Inc), Credit Agreement (W&t Offshore Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent (acting at the direction of the Required Lenders) in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent (acting at the direction of the Required Lenders) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent (acting at the direction of the Required Lenders), in consultation with the Borrower, may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Sisecam Chemicals USA Inc.), Credit Agreement (Ciner Enterprises Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, in consultation with the Borrower or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent and the Borrower may mutually modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent and the Borrower may mutually modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Irobot Corp), Credit Agreement (CarGurus, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at At any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Benchmark is a term rate (including Adjusted Term SOFR, the Term SOFR Adjusted LIBO Rate, EURIBO Screen Rate, AUD Bank Bill Reference Rate, CDOR Rate or NZD Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar BUSINESS.29745768.5 or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement)) and for Eurocurrency Rate Loans in any Currency, (Ai) if the then-current Benchmark is a term rate (including the Term SOFR or the Applicable Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Foster L B Co)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark ReplacementReplacement for Credit Extensions denominated in Dollars), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor LIBOR (for Dollar deposits)) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the with respect to all Credit Extensions denominated in Dollars, Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings for Credit Extensions denominated in Dollars at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark for Credit Extensions denominated in Dollars (including a an applicable Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark for Credit Extensions denominated in Dollars (including a an applicable Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time for Credit Extensions denominated in Dollars to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC), Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the any then-current Benchmark is a term rate (including the Term SOFR Reference RateRate or EURIBOR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, in consultation with the Borrower, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Fidelity Private Credit Fund), Revolving Credit and Security Agreement (Fidelity Private Credit Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Benchmark is a term rate (including the Term SOFR Reference or LIBORReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, in consultation with the Borrower, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Ares Capital Corp), Revolving Credit and Security Agreement (Ares Capital Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Offtake Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor the Applicable Tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Purchasers’ Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor the Applicable Tenor for such Benchmark is not or will not be representative, then the Administrative Purchasers’ Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of replace such Benchmark that is unavailable or a non-representative tenor; tenor with another tenor that is available or representative, and (Bii) if a the tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Purchasers’ Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Copper Concentrates Sales Agreement (Solaris Resources Inc.), Molybdenum Concentrates Sales Agreement (Solaris Resources Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including Term SOFR or the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “"Interest Period” " (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “"Interest Period” " (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Senior Term Loan Credit Agreement (United States Cellular Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at At any time (including in connection with the implementation of a Benchmark Replacement), ) (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion in consultation with Borrower or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent in consultation with the Borrower may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent in consultation with the Borrower may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Administrator in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativeno longer be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent Administrator may modify the definition of “Interest Yield Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Administrator may modify the definition of “Interest Yield Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Finance Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Credit Facility Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, representative then the Administrative Credit Facility Agent may modify the definition of “Interest Period” Period (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Credit Facility Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Facility Agreement (Venture Global, Inc.), Credit Facility Agreement (Venture Global, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the theany then-current Benchmark is a term rate (including the Term SOFR Reference or the EurocurrencyReference Rate, EURIBOR or XXXXX) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/), Revolving Credit Agreement (American Tower Corp /Ma/)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator administration of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference RateRate or USD LIBOR) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (and made in a manner substantially consistent with determinations being made for similarly situated customers of such Administrative Agent under agreements having provisions similar to this Section 5.8(c)) or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not be no longer representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark for a Currency is a term rate (including the Term SOFR Reference Rate or the Term XXXXX Reference Rate) and either (IA) any tenor for such Benchmark for such Currency is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark for such Currency is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings for such Currency at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark for such Currency (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark for such Currency (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings for such Currency at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund), Senior Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the a then-current Benchmark is a term rate (including the Term SOFR Reference Rateor any Applicable Index) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Agent, in its reasonable discretion in consultation with the Borrower, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitions) for any applicable Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitions) for any all applicable Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund), Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate or the Term SOFR Swingline Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Credit Agreement (Arcbest Corp /De/)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the including, without limitation, Term SOFR Reference RateSOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Lender in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks (the “IOSCO Principles”), then the Administrative Agent Lender may modify the definition of “Interest Period” or “Term SOFR” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the IOSCO Principles for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Lender may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Predex), Credit Agreement (USQ Core Real Estate Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativeno longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a or, non-representative tenor; representative, non-compliant or non-aligned tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Aris Water Solutions, Inc.), Unsecured Term Loan Agreement (First Industrial Lp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may with the prior written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement (Farfetch LTD), Credit Agreement (Farfetch LTD)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify by providing notice thereof (which may be via email) to the Administrative Borrower and the Lenders) the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark ReplacementReplacement therefor) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify by providing notice thereof (which may be via email) to the Administrative Borrower and the Lenders) the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Pagaya Technologies Ltd.)
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) (i)(i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor Eurodollar Base Rate)Rate) and either (IA)(A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Designated Agent in its reasonable discretion or (IIB)(B) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Designated Agent may modify remove any tenor of suchmodify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings that issettings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; fortenor and (Bii)(ii) if a tenor that was removed pursuant to clause (Ai) above either (I) is A)(A)is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or settings and (II) is ii)or (B)(B)is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Designated Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference RateBase Rate or Term SOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.. 114 13483422v8
Appears in 1 contract
Samples: Loan Agreement (Lithia Motors Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or the Eurodollar Base Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any suchany tenor of such Benchmark that is unavailable or a non-representative tenor; tenorfor any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Revolving Credit Agreement (TJX Companies Inc /De/)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate, Term SOFR or the Daily Term SOFR Screen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Otter Tail Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Facility Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Facility Agent may modify the definition of “Interest Remittance Period” (or any similar or analogous definitionsdefinition or related provision) for any Benchmark settings at or after such time time, the effect of which modification is to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Facility Agent, in consultation with the Borrower, may modify the definition of “Interest Remittance Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference BaseScreen Rate, Term SOFR or the Daily Term SOFR BaseScreen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at At any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or LIBO Rate)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark (or the published component used in calculation thereof) is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark (or such component thereof) has provided a public statement or publication of information announcing that any tenor for such Benchmark (or such component thereof) is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) (or such component thereof) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement) (or such component thereof), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.. (E)
Appears in 1 contract
Samples: Term Loan Agreement (Axogen, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks (the “IOSCO Principles”), then the Administrative Agent may modify the definition of “Interest Contract Period” (or any similar or analogous definitionsdefinition or provision) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the IOSCO Principles for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Contract Period” (or any similar or analogous definitionsdefinition or provision) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Designated Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Designated Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Designated Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.. 4887-5363-3879v24887-5363-3879v.5
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at At any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Benchmark is a term rate (including the Adjusted Term SOFR SOFR, EURIBO Screen Rate, AUD Bank Bill Reference Rate, CDOR RateAdjusted Term XXXXX or NZD Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Documentherein, at any time (including in connection with the implementation of a Benchmark 37 AMERICAS/2023601500.12023601500.4 Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate, the EURIBOR Screen Rate and the TIBOR Screen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Graco Inc)
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBOR)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for such Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor USD LIBOR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Period” (or, in the case of the Overnight Eurodollar Rate or any similar or analogous definitionsthe One-month Eurodollar Rate, the interest computation period applicable thereto) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Period” (or, in the case of the Overnight Eurodollar Rate or any similar or analogous definitionsthe One-month Eurodollar Rate, the interest computation period applicable thereto) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, in consultation with the Borrower, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ares Strategic Income Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference RateScreen Rate or the Term SOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition), Section 2.01(c) or Section 2.01(e) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition), Section 2.01(c) or Section 2.01(e) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Phillips 66)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided Benchmarx xxx xxxvided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativeno longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a or, non-representative tenor; representative, non-compliant or non-aligned tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (First Industrial Lp)
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBOR)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativeno longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a or, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a aany Benchmark Replacement), (Ai) if the theany then-current Benchmark is based upon a term rate (including the Term SOFR Reference Rate or the Term XXXXX Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, acting reasonably, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (ICA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIDB) is not, (ii) or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Ovintiv Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Periodinterest period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent (in consultation with the Seller) may modify the definition of “Interest Periodinterest period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A1) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (I) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” tenor (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (B2) if a tenor that was removed pursuant to clause (A1) above either (I) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” tenor (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate or the Term SOFR Swingline Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) 885707.04-LACSR02A - MSW and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or the Adjusted LIBOReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement)) or a new tenor is established, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to add such tenor or to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Teradyne, Inc)
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Documentherein, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBOR)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii) the Agent maytenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a any Benchmark Replacement), (Ai) if the then-current Benchmark is based upon a term rate (including the Term SOFR Reference Rate or the Term XXXXX Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent (in consultation with the Operating Lender, in the case of the Operating Facility), in its reasonable discretion discretion, acting reasonably, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent (in consultation with the Operating Lender, in the case of the Operating Facility) may modify the definition of “"Interest Period” " (or any similar or analogous definitionsdefinition) for any Benchmark settings for an affected Credit Facility at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent (in consultation with the Operating Lender, in the case of the Operating Facility) may modify the definition of “"Interest Period” " (or any similar or analogous definitionsdefinition) for any all Benchmark settings for the applicable Credit Facility at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the any then-current Benchmark is a term rate (including Term SOFR, the Term SOFR XXXXX Reference RateRate or any other Applicable Index) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Agent, in its reasonable discretion in consultation with the Borrower, or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either either
(IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Agent, in consultation with the Borrower, may modify the definition of “Interest Accrual Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a XXXXX Benchmark Replacement), (Ai) if the then-current XXXXX Benchmark is a term rate (including the Term SOFR Reference RateXXXXX) and either (IA) any tenor for such XXXXX Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx XXXXX Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such XXXXX Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “XXXXX Interest Period” (or any similar or analogous definitionsdefinition) for any XXXXX Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a XXXXX Benchmark (including a XXXXX Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a XXXXX Benchmark (including a XXXXX Benchmark Replacement), then the Administrative Agent may modify the definition of “XXXXX Interest Period” (or any similar or analogous definitionsdefinition) for any all XXXXX Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility DocumentTransaction Agreement, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Transaction Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Transaction Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor. Benchmark Unavailability Period. Upon Seller’s receipt of notice of the commencement of a Benchmark Unavailability Period, Seller may revoke any Transaction Notice.”.
Appears in 1 contract
Samples: Master Repurchase Agreement (Scotts Miracle-Gro Co)
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBOR)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, after consultation with the Borrower, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may may, after consultation with the Borrower, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark for a Currency is a term rate (including the Term SOFR Reference or the Adjusted Eurocurrency Rate) and either (IA) any 742026061 21680120 tenor for such Benchmark for such Currency is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark for such Currency is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings for such Currency at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark for such Currency (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark for such Currency (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings for such Currency at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or the LIBOReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (including the LIBO Screen, if applicable) or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service (including the LIBO Screen, if applicable) for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: First Lien Credit Agreement (Franchise Group, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may (in consultation with the Borrower Representative) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may (in consultation with the Borrower Representative) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Incremental and Refinancing Amendment (Powerschool Holdings, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor USD LIBOR) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (and made in a manner substantially consistent with determinations being made for similarly situated customers of such Administrative Agent under agreements having provisions similar to this Section 5.8(c)) or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks (the “IOSCO Principles”), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the IOSCO Principles for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (or at the direction of the Required Lenders) or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent (acting at the direction of the Required Lenders) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent (acting at the direction of the Required Lenders) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Super Senior Loan Credit Agreement (Altisource Portfolio Solutions S.A.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent Agent, in consultation with the Borrower, in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, in consultation with the Borrower, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (AB Private Credit Investors Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor USD LIBOR) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings at or after such time (by providing notice thereof (which may be via email) to the Borrower and the Lenders) to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II2) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time (by providing notice thereof (which may be via email) to the Borrower and the Lenders) to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Cross Country Healthcare Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) (i) if the then-current Benchmark is a term rate (including the Term SOFR Reference or LIBOReference Rate) and either (Ii) (A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIii) (B) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) (ii) if a tenor that was removed pursuant to clause (Ai) above either (Ii) (A) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIii) (B) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the any Term SOFR Reference Rateor LIBOR RateBenchmark) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause sub-clauseclause
(Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenortenor without further consent or authorization from the Lenders.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Aveanna Healthcare Holdings, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Facility Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Facility Agent may modify the definition of “Interest Remittance Period” (or any similar or analogous definitionsdefinition or related provision) for any Benchmark settings at or after such time time, the effect of which modification is to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent Facility Agent, in consultation with the Borrower, may modify the definition of “Interest Remittance Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference RateScreen Rate or Term SOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ax) if the then-current Revolving Benchmark is a term rate (including the Revolving Term SOFR Reference Rateor USD LIBOR) and either (IA) any tenor for such Revolving Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Revolving Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Revolving Benchmark has provided a public statement or publication of information announcing that any tenor for such Revolving Benchmark is not or will not be no longer representative, then the Revolving Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any Revolving Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (By) if a tenor that was removed pursuant to clause (Ax) above either (IA) is subsequently displayed on a screen or information service for a Revolving Benchmark (including a Revolving Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Revolving Benchmark (including a Revolving Benchmark Replacement), then the Revolving Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Revolving Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Dole PLC)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark for a Currency is a term rate (including the Term SOFR Reference Rate, the Term XXXXX Reference Rate or the applicable Adjusted Term Benchmark Rate) and either (IA) any tenor for such Benchmark for such Currency is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the 767537780768227557 regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark for such Currency is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings for such Currency at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark for such Currency (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark for such Currency (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings for such Currency at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark for a Currency is a term rate (including the Term SOFR Reference Rate or the Eurocurrency Rate) and either (IA) any tenor for such Benchmark for such Currency is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark for such Currency is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings for such Currency at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark for such Currency (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark for such Currency (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings for such Currency at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement)) and for Term SOFR Rate Loans, Euro-Rate Loans or EURIBOR Rate Loans in any Currency, (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) or based on a term rate and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Glatfelter Corp)
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (AiA) if the then-current Benchmark is a term rate (including the Term SOFR Reference or Adjusted LIBOR)Reference Rate) and either (I1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Deal Agent in its reasonable discretion or (II2) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Deal Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; fortenor and (B) if a tenor that was removed pursuant to clause (A) above either (I1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or settings and (IIii)or (2) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Deal Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Samples: Loan and Security Agreement (Credit Acceptance Corp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Document, at At any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (beyond the Term SOFR Temporary Fallback Period or similar concept) or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be (prior to the beginning of the next Interest Period) representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time (in the case of clause (B), after such tenor is no longer representative) to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may may, and at the written request of the Borrower shall, modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Revolving Credit Agreement (Nextera Energy Partners, Lp)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Credit Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent (at the direction of the Required Lenders) in its their reasonable discretion or (IIB) the administrator of such Benchmark benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent (at the direction of the Required Lenders) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement)representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all settings of such Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Second Lien Credit Agreement (BrightSpring Health Services, Inc.)
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the theany then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBOR)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to such an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify remove any tenor of such Benchmark that is unavailable or non-representative for such Benchmark (including any Benchmark Replacement) settings and (ii) if such tenor becomes available or representative, the Administrative Agent may reinstate anymodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenortenor for such Benchmark (including any Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Screen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Designated Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Designated Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Designated Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or the LIBOR Rate)Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a anya Benchmark Replacement), (Ai) if the any then-current Benchmark is a term rate (including the Term SOFR or the LIBOR Screen Rate) Reference Rate and the EURIBO Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may remove any tenor of such Benchmark that is modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii) the Agent may tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings for such Benchmark at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Samples: Credit Agreement (International Flavors & Fragrances Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the a then-current Benchmark is a term rate (including the Term SOFR Reference Rate) , Term ESTR or Term XXXX), and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative representative, non-compliant or non-aligned tenor; , and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or incompliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Epr Properties)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor 116 for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may with the prior written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned) modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Coupang, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein in this Agreement or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate and Term XXXXX Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion discretion, or (IIB) the administrator administration of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “XXXXX Interest Period” or “SOFR Interest Period”, as applicable (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; , and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) ), or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “XXXXX Interest Period” or “SOFR Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or the EurodollarReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Eurodollar LoanInterest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Eurodollar LoanInterest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the USD LIBOR), then Agent may remove any tenor of such Benchmark that isthe Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; fortenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or settings and (IIii) Agent may reinstate any such previously removed tenoror (B) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement)) settings, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Insperity, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Transaction Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the IOSCO Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Yield Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a unavailable, non-representative tenor; representative, non-compliant or non-aligned tenor and (Bii) if a tenor that was removed pursuant to clause (Aa) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the IOSCO Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Yield Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding AtNotwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) (i)(i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rateor Eurodollar Base Rate)Rate) and either (IA)(A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB)(B) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify remove any tenor of suchmodify the definition of “Interest Period” (or any similar or analogous definitions) for any Benchmark settings that issettings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; fortenor and (Bii)(ii) if a tenor that was removed pursuant to clause (Ai) above either (I) is A)(A)is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or settings and (II) is ii)or (B)(B)is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitions) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Unavailability of Tenor of Benchmark. At Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the any Term SOFR Reference Rateor USD LIBOR)Benchmark) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify remove any tenor of such Benchmark that ismodify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for Benchmark (including Benchmark Replacement) settings and (Bii)tenor and (ii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate any such previously removed tenortenor for Benchmark (including Benchmark Replacement) settings.
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (RadNet, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein in this Agreement or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark ReplacementReplacement or Term RFR Transition Event), (Ai) if the then-current Benchmark is a term rate (including the CDOR Rate or Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not no longer be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Kadant Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark with respect to any Term Loan or Term Borrowing is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion (in consultation with the Borrower) or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings with respect to such Term Loans or Term Borrowing, at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-then- current Benchmark is a term rate (including the Term SOFR Reference Screen Rate, the EURIBOR Screen Rate and the TIBOR Screen Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Graco Inc)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent (acting at the direction of the Blackstone Representative in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent (acting at the direction of the Blackstone Representative) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent (acting at the direction of the Blackstone Representative) may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (Altus Power, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference RateBase Rate and Term SOFR) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; for any Benchmark settings and (Bii) if a tenor that was removed pursuant to clause clause
(Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Financing Document, at any time (including in connection with the implementation of a Benchmark Replacement), (Ai) if the then-current Benchmark is a term rate (including the Term SOFR Reference or USD LIBORReference Rate) and either (IA) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (IIB) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be no longernot be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable or a non-representative tenor; tenor and (Bii) if a tenor that was removed pursuant to clause (Ai) above either (IA) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (IIB) is not, or is no longer, subject to an announcement that it is not or will not no longernot be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Credit Agreement (MN8 Energy, Inc.)
Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Facility Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the any then-current Benchmark is a term rate (including the any Term SOFR Reference or Eurocurrency Rate) and either (I) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (II) the administrator of such Benchmark or the regulatory supervisor for the administrator of such Bxxxxxxxx Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representativerepresentative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any Benchmark settings at or after such time to remove any tenor of such Benchmark that is unavailable unavailable, or a non-representative tenor; representative, non-compliant or non-aligned tenor and (B) if a tenor that was removed pursuant to clause (A) above either (I) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (II) is not, or is no longer, subject to an announcement that it is not or will not be representative or in compliance with or aligned with the International Organization of Securities Commissions (IOSCO) Principles for Financial Benchmarks for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definitionsdefinition) for any all Benchmark settings at or after such time to reinstate such previously removed tenor.
Appears in 1 contract
Samples: Five Year Revolving Credit Agreement (BlackRock Inc.)