Common use of Benchmark Replacement Clause in Contracts

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising the Required Banks. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.17(f)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (Unum Group), Credit Agreement (Unum Group), Credit Agreement (Unum Group)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. p.m., Chicago time, on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a the then-current Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 10.6 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (CTO Realty Growth, Inc.), Credit Agreement (CTO Realty Growth, Inc.), Credit Agreement (CTO Realty Growth, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the Term SOFR Reference Rate or then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark the Adjusted Term SOFR Rate with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.07(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (Dick's Sporting Goods, Inc.), Credit Agreement (Dick's Sporting Goods, Inc.), Credit Agreement (Dick's Sporting Goods, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Lead Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Lead Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.2(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising Lenders holding greater than 50% of the Required Banksaggregate Commitments then in effect. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 12.22 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 3 contracts

Sources: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising the Required Banks. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Delayed Draw Term Loan Agreement (Spire Inc), Delayed Draw Term Loan Agreement (Spire Missouri Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers may amend this Credit Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to the Borrowers and all affected Banks and the Borrowers Lenders so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.9(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Revolving Credit Agreement (T Series Middle Market Loan Fund LLC), Revolving Credit Agreement (T Series Middle Market Loan Fund LLC)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.8(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Fourth Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Credit Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.10(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Fortress Private Lending Fund), Revolving Credit Agreement (Fortress Private Lending Fund)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.2(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Term Loan Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(b)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Five Year Master Credit Agreement (Wisconsin Power & Light Co), Five Year Master Credit Agreement (Wisconsin Power & Light Co)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 4.2. will occur prior to the applicable Benchmark Transition Start Date.. ​

Appears in 2 contracts

Sources: Credit Agreement (CubeSmart, L.P.), Credit Agreement (CubeSmart, L.P.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Lead Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Lead Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.25(d)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Banking Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.6(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Golden State Water CO), Credit Agreement (American States Water Co)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative with respect to any Benchmark, Agent and the Borrowers Administrative Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Administrative Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.12(d)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Birks Group Inc.), Credit Agreement (Birks Group Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.23(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 4:00 p.m. (Local Time) on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.06(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.10(g) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Asset Based Loan Credit Agreement (Express, Inc.), Asset Based Loan Credit Agreement (Express, Inc.)

Benchmark Replacement. (i) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of if a Benchmark Transition Event, Event has occurred the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will shall become effective at or after 5:00 p.m. on the fifth (5th) Business Day after the date the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment Benchmark Replacement from Banks Lenders comprising the Required Banks. Requisite Lenders. (ii) No replacement Derivatives Contracts shall be deemed to be a “Loan Document” for purposes of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date5.9.

Appears in 2 contracts

Sources: Term Loan Agreement (NETSTREIT Corp.), Term Loan Agreement (NETSTREIT Corp.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a the then-current Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.09(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.18(e)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Second Amendment to Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.), Credit Agreement (Cerence Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower Representative may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower Representative so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.20(2)(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Loan Agreement (Ulta Beauty, Inc.), Loan Agreement (Ulta Beauty, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Company may amend this Agreement to replace the applicable then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 4:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Company so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Azz Inc), Credit Agreement (Azz Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.05(a)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the Term SOFR Reference Rate or then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark the Term SOFR Rate with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Ept 16 LLC)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.2(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (DiamondRock Hospitality Co), First Amendment to Sixth Amended and Restated Credit Agreement (DiamondRock Hospitality Co)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.11(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Amendment to Credit Agreement (Palo Alto Networks Inc), Credit Agreement (Palo Alto Networks Inc)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.07(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp)

Benchmark Replacement. (a) Notwithstanding anything to the contrary herein or in any other Transaction Documentherein, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks L▇▇▇▇▇▇ and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.15 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Margin Loan Agreement (Endeavor Group Holdings, Inc.), First Amendment Agreement (Endeavor Group Holdings, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Administrative Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Administrative Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 5.16 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)

Benchmark Replacement. (i) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.07(a)(i) will occur prior to the applicable Benchmark Transition Start Date. (ii) No swap agreement shall constitute a “Loan Document” for purposes of this Section 3.07.

Appears in 2 contracts

Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.2(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 2 contracts

Sources: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(a)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Textainer Group Holdings LTD)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower Representative may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks ▇▇▇▇▇▇▇ and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Page 104 Benchmark Replacement pursuant to this Section 2.11(b)(i2.13(a)(iii) will occur prior to the applicable Benchmark Transition Start Date.. Page 105

Appears in 1 contract

Sources: Loan and Security Agreement (LIVE VENTURES Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower Representative may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower Representative so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.20(2)(b) will occur prior to the applicable Benchmark Transition Start Date.. ​

Appears in 1 contract

Sources: Loan Agreement (Ulta Beauty, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, , (A) upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.06(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date; and (B) [reserved].

Appears in 1 contract

Sources: Credit Agreement (Weatherford International PLC)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.12(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Delek US Holdings, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Company may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Company so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.22(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Senior Secured Super Priority Term Loan Debtor in Possession Credit and Guaranty Agreement

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-then- current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Senior Secured Super Priority Term Loan Debtor in Possession Credit Agreement

Benchmark Replacement. (i) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Banking Day after the Administrative Agent has posted such proposed amendment to all affected Banks and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising the Required Banks. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.02(b)(i) will occur prior to the applicable Benchmark Transition Start Date.;

Appears in 1 contract

Sources: Revolving Credit Agreement (Urban Edge Properties LP)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.11(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Monarch Casino & Resort Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.13(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Osi Systems Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.2(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Sunstone Hotel Investors, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-then- current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.23(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.8(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: 364 Day Term Loan Agreement (Owens Corning)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, Event the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Avanos Medical, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.13(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Pacira BioSciences, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.12(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: 5 Year Revolving Credit Agreement (NuStar Energy L.P.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.18(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Loan and Security Agreement (Crescent Capital BDC, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.20(a) will occur prior to the applicable Benchmark Transition Start Date.. 28 ‌

Appears in 1 contract

Sources: Term Loan Credit Agreement (Edison International)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Company may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Company so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.17(d)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Abl Credit Agreement (CVR Energy Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.16(B)(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Davita Inc.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksMajority Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Energy Transfer LP)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Genesis Energy Lp)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a the then-current Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.17 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Bridge Credit Agreement (Vinebrook Homes Trust, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Credit Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.4(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Ares Core Infrastructure Fund)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.06(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Black Stone Minerals, L.P.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Class Lenders of each applicable Class. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i‎Section 5.2(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date. (B) [Reserved].

Appears in 1 contract

Sources: Credit Agreement (Realty Income Corp)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Facility Document, upon the occurrence of a Benchmark Transition Event, the Event Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark Rate with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark Rate with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.11 will occur prior to the applicable Benchmark Transition Start Date. No Currency Hedge Agreement shall constitute a Facility Document for purposes of this Section 2.11.

Appears in 1 contract

Sources: Credit and Security Agreement (Saratoga Investment Corp.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Credit Parties may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Credit Parties so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.17(d)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Abl Credit Agreement (CVR Energy Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksMajority Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Earthstone Energy Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement Hedge Agreement shall deemed a Loan Document for purposes of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) will occur prior to the applicable Benchmark Transition Start Date4.8.

Appears in 1 contract

Sources: Credit Agreement (Stellus Private Credit BDC)

Benchmark Replacement. (i) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i) will occur prior to the applicable Benchmark Transition Start Date.; (ii)

Appears in 1 contract

Sources: Term Loan Agreement (Tanger Properties LTD Partnership /Nc/)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (BWX Technologies, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Bloomin' Brands, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i5.10(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Six Flags Entertainment Corp)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and in consultation with the Borrowers Required Lenders may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.15(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (SatixFy Communications Ltd.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Earthstone Energy Inc)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.12(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Par Pacific Holdings, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks L▇▇▇▇▇▇ and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.12 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Loan Agreement (Greystone Housing Impact Investors LP)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower Representative so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.05(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (KKR & Co. Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.08 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: First Lien Credit Agreement (Gannett Co., Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) Exhibit M will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (RLJ Lodging Trust)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.20(d)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (RR Donnelley & Sons Co)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.Date.‌

Appears in 1 contract

Sources: Revolving Credit Agreement

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.04(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Term Loan Agreement (New ERA Energy & Digital, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.14(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.. ​ ​

Appears in 1 contract

Sources: Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.17(c)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower Representative may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks ▇▇▇▇▇▇▇ and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i) 2.13 will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Loan and Security Agreement (Natural Alternatives International Inc)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.10(d)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (ITC Holdings Corp.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.2(b)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (American Homes 4 Rent, L.P.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks of the Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.16(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Kolibri Global Energy Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-then- current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.8(c)(i) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Ugi Corp /Pa/)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i8.21(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Ohio Power Co)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition EventEvent with respect to any Benchmark, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks ▇▇▇▇▇▇▇ and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksRequisite Class Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i4.2(b)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Elme Communities)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Credit Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.15(h)(iii) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Intercontinental Exchange, Inc.)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.13(c)(i) will occur prior to the applicable Benchmark Transition Start Date. (B) No Swap Agreement shall be deemed to be a “Loan Document” for purposes of this Section 2.13(c).

Appears in 1 contract

Sources: Credit Agreement (Aris Water Solutions, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksMajority Lenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.25(a) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Western Midstream Partners, LP)

Benchmark Replacement. (A) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the ​ ​ ​ Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b)(i)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Antero Midstream Corp)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks the Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(iSubsection 4.7(b) will occur prior to the applicable Benchmark Transition Start Date. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.

Appears in 1 contract

Sources: Credit Agreement (Floor & Decor Holdings, Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.03(b) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Good Times Restaurants Inc.)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.11(c)(i) will occur prior to the applicable Benchmark Transition Start Date.. ​

Appears in 1 contract

Sources: Credit Agreement (Monarch Casino & Resort Inc)

Benchmark Replacement. (i) Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative Agent and the Borrowers Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Banking Day after the Administrative Agent has posted such proposed amendment to all affected Banks and the Borrowers Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks comprising the Required Banks. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i3.02(b)(i) will occur prior to the applicable Benchmark Transition Start Date.; (ii)

Appears in 1 contract

Sources: Term Loan Agreement (Urban Edge Properties LP)

Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Transaction Loan Document, upon the occurrence of a Benchmark Transition Event, the Administrative with respect to any Benchmark, Agent and the Borrowers Administrative Borrower may amend this Agreement to replace the then-current such Benchmark with a Benchmark Replacement. Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment to all affected Banks Lenders and the Borrowers Administrative Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such amendment from Banks Lenders comprising the Required BanksLenders. No replacement of a Benchmark with a Benchmark Replacement pursuant to this Section 2.11(b)(i2.12(d)(iii)(A) will occur prior to the applicable Benchmark Transition Start Date.

Appears in 1 contract

Sources: Credit Agreement (Birks Group Inc.)