Common use of Benchmark Unavailability Period Clause in Contracts

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion to or Continuation of any affected SOFR Loans to be made, Converted or Continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted any such request into a request for a borrowing of or Conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 6 contracts

Samples: Credit Agreement (NNN Reit, Inc.), Credit Agreement (Office Properties Income Trust), Credit Agreement (Regency Centers Lp)

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Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (Ai) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (Bii) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (IA) with respect to any Daily Simple SOFR Loans, immediately and (IIB) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Atrion Corp), Credit Agreement (Atrion Corp)

Benchmark Unavailability Period. Upon the BorrowerCompany’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A1) the Borrower Company may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower Company will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Daily Simple SOFR Loans (or, if Daily Simple SOFR is also the subject of a Benchmark Transition Event, an ABR Loans) on the last day of the Interest Period applicable thereto and (B2) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans (or, if Daily Simple SOFR is also the subject of a Benchmark Transition Event, an ABR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, (x) all interest payments in respect of Daily Simple SOFR Loans will be payable on a quarterly basis and (y) the component of Base Rate the ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Ratethe ABR.

Appears in 2 contracts

Samples: Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected Daily Simple SOFR Rate Loans or Term SOFR Rate Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of ABR. Furthermore, if any Loan is outstanding on the date of the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, then until such time as a Benchmark Replacement is implemented pursuant to this Section 2.19, on the date of the receipt of such notice with respect to any such Daily Simple SOFR Rate Loan and, on the last day of the Interest Period applicable to any such Term SOFR Rate Loan, such Loan shall be converted by the Administrative Agent to, and shall constitute, a Base RateRate Loan.

Appears in 2 contracts

Samples: Credit Agreement (Bungeltd), Credit Agreement (Bungeltd)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans or SOFR Swing Line Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans (or, in the case of any requested SOFR Swing Line Loan, a Swing Line Loan bearing interest at the Adjusted Base Rate) and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate ABR Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate ABR Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement ‎commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower ‎Borrower may revoke any pending request for a borrowing ‎Loan utilizing the then-current Benchmark ‎‎(including, if the then-current Benchmark is ‎SOFR or Term SOFR) of, Conversion conversion to or Continuation ‎continuation of any affected Loans utilizing the then-current ‎Benchmark (including, if the then-current ‎Benchmark is SOFR Loans or Term SOFR) to be made, Converted ‎converted or Continued continued during any Benchmark Unavailability ‎Unavailability Period and, failing that, the Borrower will ‎will be deemed to have Converted converted any such request ‎request into a request for a borrowing Loan of or Conversion conversion ‎to Base Rate Loans. Any outstanding ‎affected Loans bearing interest at the then-current ‎Benchmark shall be converted to Base Rate Loans and ‎Loans immediately, or after the Benchmark Transition Start Date for Term SOFR, as of the last day of any applicable ‎Interest Period. During a ‎Benchmark Unavailability Period (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) including, without limitation, with respect to any Daily Simple SOFR Loans, immediately and (IISOFR) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any ‎any time that a tenor for any ‎the then-current Benchmark is not an Available Tenor, the component of ‎the Base Rate based upon ‎upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period Benchmark, SOFR or such tenor for such Benchmark, as ‎as applicable, will not ‎not be used in any determination of the Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Strategic Student & Senior Housing Trust, Inc.), Credit Agreement (Strategic Student & Senior Housing Trust, Inc.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (Ax) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (By) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest PeriodPeriod unless prior to the end of such applicable Interest Period the Benchmark Replacement has replaced the then-current Benchmark for all LEGAL_US_E # 171549701.1171549701.5 purposes hereunder. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Terra Income Fund 6, LLC), Credit Agreement (Terra Property Trust, Inc.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion to or Continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Benchmark Unavailability Period. Upon the BorrowerParent Borrower’sBorrower Representative’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (Aany(A) the Borrower Representative may revoke any pending request for a borrowing ofof Eurocurrency Loans, Conversion conversion to or Continuation continuation of any affected EurocurrencyTerm SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the such applicablethe Borrower Representative will be deemed to have Converted converted any such request into a request for a borrowing Borrowingborrowing of or Conversion conversion to Base Rate ABR Loans and (B) any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate ABR Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate the ABR based upon the LIBORthe then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Ratethe ABR.

Appears in 1 contract

Samples: Credit Agreement (US Foods Holding Corp.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (Ai) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued, as applicable, during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Loans and (Bii) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. Upon any such prepayment or conversion, the Borrower shall also pay accrued interest on the amount so prepaid or converted, together with any additional amounts required pursuant to Section 3.04. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a any tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Term Loan Credit Agreement (RXO, Inc.)

Benchmark Unavailability Period. Upon DuringUpon the Borrower’s Seller's receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (Ai) the Borrower Seller may revoke any pending request for a borrowing ofDaily One Month Term SOFR Invested Amounts, Conversion conversion to or Continuation continuation of any affected Daily One Month Term SOFR Loans Invested Amounts to be made, Converted converted or Continued continued during any Benchmark Unavailability Period Period, (i) no portion of the Invested Amount shall be funded at the LIBO Rate and, failing that, the Borrower Seller will be deemed to have Converted converted any such request into a request for a borrowing Purchase of or Conversion conversion to Base Rate Loans Invested Amounts, and (Bii) the Yield for any outstanding affected portions of theaffected Daily One Month Term SOFR Loans Invested Amount then funded at the LIBO Rate shall beAmounts will be deemed to have been Converted converted to the Alternateinto Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest PeriodInvested Amounts. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Alternate Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Benchmark Unavailability Period. Upon the BorrowerSeller’s receipt of notice of the commencement of a Benchmark Unavailability Period, (a) no Portion of Capital shall be funded at the Alternate Rate determined by reference to the BSBY Rate or the Daily BSBY Floating Rate and (b) the Discount for any outstanding Portions of Capital then funded at the Alternate Rate determined by reference to the Daily BSBY Floating Rate or the BSBY Rate shall, on the last day of the then current Yield Period (or solely with respect to a given Benchmarkthe Daily BSBY Floating Rate, (A) immediately), be converted to the Borrower Alternate Rate determined by reference to the Base Rate. During1M SOFR or the Term SOFR Rate, the Seller may revoke any pending request for a borrowing of, Conversion Purchase of Capital accruing Discount based on such rate or conversion to or Continuation continuation of any affected SOFR Loans Capital accruing Discount based on such rate to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower Seller will be deemed to have Converted converted any such request into a request for a borrowing of Base Rate Capital or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest PeriodCapital. During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Pledge Agreement (Triumph Group Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing ofof Revolving Loans, Conversion to to, or a Continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of Revolving Loans of or Conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Federal Realty OP LP)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Eurodollarany Loans to be made, Converted converted or Continued continued during suchwith respect to the then-current Benchmark during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR ABR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, (i) the obligation of the Lenders to make or maintain Eurodollar Loans with respect to such Benchmark shall be suspended, (ii) any request for a Borrowing of, conversion to or continuation of Eurodollar Loans with respect to such Benchmark shall be ineffective and will be deemed to have been a request for a Borrowing of or conversion to ABR Loans, and (iii) the component of Base Rate the ABR based upon the thenABR Ratethen-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Ratethe ABR.

Appears in 1 contract

Samples: Credit Agreement (Ribbon Communications Inc.)

Benchmark Unavailability Period. Upon the BorrowerCompany’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkBenchmark for USD, (A) the any Borrower may revoke any pending request for a borrowing Eurodollar Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Eurodollar Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the such Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR ABR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, to the extent a component of Base Rate ABR is based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, such Benchmark or tenor will not be used in any determination of Base RateABR. Upon the commencement of a Benchmark Unavailability Period with respect to a Benchmark for any currency other than USD, the obligation of the Lenders to make or maintain Loans referencing such Benchmark in the affected currency shall be suspended (to the extent of the affected Borrowings or Interest Periods).

Appears in 1 contract

Samples: Credit Agreement (Harsco Corp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period Period, with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkBenchmark for Dollars, (A) the Borrower may revoke any pending request (i) for a borrowing Term SOFR Borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, and failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to (x) Daily Simple SOFR Loans so long as Daily Simple SOFR is not the subject of a Benchmark Transition Event or (y) Base Rate Loans and if Daily Simple SOFR is also the subject of a Benchmark Transition Event or (Bii) any outstanding affected for a Daily Simple SOFR Borrowing of or conversion to Daily Simple SOFR Loans to be made or converted during any Benchmark Unavailability Period and failing that, the Borrower will be deemed to have been Converted converted any such request into a request for a Borrowing of or conversion to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, to the extent a component of Base Rate is based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, such Benchmark or tenor will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period Period, with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing ofLoan bearing interest based on USD LIBOR, conversion to or continuation of Loans bearing interest based on USD LIBORborrowing of Revolving Loans, Conversion to to, or a Continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Loan of or conversion to Loans bearing interest at a rate based on the Base Rateborrowing of Revolving Loans of or Conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any theany then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Term Loan Agreement (Federal Realty OP LP)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected LIBOR RateTerm SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, in the case of any request for any affected Term SOFR Loans, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans in an amount specified therein and (B) any outstanding affected Term SOFR Loans Loans, if applicable, will be deemed to have been Converted to converted into Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (SYNAPTICS Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (Ai) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans Loans, in each case, to be made, Converted converted or Continued continued during any Benchmark Unavailability Period with respect to the applicable Benchmark and, failing that, in the case of any request for any affected Term SOFR Borrowing, if applicable, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of an ABR Borrowing or Conversion conversion to Base Rate ABR Loans in the amount specified therein, and (Bii) any outstanding affected Term SOFR Loans Loans, if applicable, will be deemed to have been Converted to Base Rate converted into ABR Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. Upon any such prepayment or conversion, the Borrower shall also pay accrued interest on the amount so prepaid or converted, together with any additional amounts required pursuant to Section 2.11. During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.ABR. 2.19

Appears in 1 contract

Samples: Credit Agreement (Avaya Holdings Corp.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, the (A) the Borrower may revoke any pending request for a borrowing pending Request for Borrowing of, Conversion conversion to or Continuation continuation of any affected Eurodollar Borrowings SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request Request for a borrowing Borrowing of or Conversion conversion to Adjusted Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Adjusted Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Adjusted Base Rate that is based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.Adjusted Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Laredo Petroleum, Inc.)

Benchmark Unavailability Period. Upon the Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A1) the Administrative Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Administrative Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B2) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Availability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Vector Group LTD)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Eurocurrency Rate Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, (i) in the case of a request for a borrowing of, conversion to or continuation of Loans denominated in Dollars, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (Bii) in the case of a request for a borrowing of, conversion to or continuation of Loans denominated in any outstanding affected SOFR Loans will Alternative Currency, such request shall be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Periodineffective. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of the Base Rate or any other Benchmark that is based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base RateRate or such other Benchmark.

Appears in 1 contract

Samples: Credit Agreement (Hormel Foods Corp /De/)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (Ai) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans or Money Market Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (Bii) any outstanding affected Term SOFR Loans or Money Market Term SOFR Loan, if applicable, will be deemed to have been Converted to converted into Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. Upon any such conversion, the Borrower shall also pay accrued interest on the amount so converted, but shall not be required to pay any additional amounts that would otherwise be required pursuant to Section 6.5. During any a Benchmark Unavailability Period with respect to any the Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Day Credit Agreement (American Honda Finance Corp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (Ai) the Borrower may revoke any pending request for a borrowing ofLoan bearing interest based on the Adjusted Term SOFR Rate or the Adjusted Daily Simple SOFR Rate, Conversion conversion to or Continuation continuation of any affected Loans bearing interest based on the Adjusted Term SOFR Loans Rate or the Adjusted Daily Simple SOFR Rate, as applicable, to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Loan of or Conversion conversion to Loans bearing interest under the Base Rate Loans and (Bii) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (IIA) with respect to any Term SOFR Loans, at the end of the applicable Interest PeriodPeriod and (B) with respect to any Daily Simple SOFR Loans, immediately. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Term Loan Agreement (Agree Realty Corp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Bread Financial Holdings, Inc.)

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Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period Period, with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans or SOFR Swing Line Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans (or, in the case of any requested SOFR Swing Line Loan, a Swing Line Loan bearing interest at the Adjusted Base Rate) and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Public Service Co of New Mexico)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing SOFR Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, in the case of any request for any affected SOFR Loan, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing the Borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. Upon any such prepayment or conversion, the Borrower shall also pay accrued interest on the amount so prepaid or converted, together with any additional amounts required pursuant to Section 2.14. During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate. During such Benchmark Unavailability Period, any outstanding SOFR Loans shall be deemed to have been converted into Base Rate Loans at the end of the applicable Interest Period.

Appears in 1 contract

Samples: Term Loan Agreement (Howmet Aerospace Inc.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, in the case of any request for any affected Term SOFR Loans, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans in an amount specified therein and (B) any outstanding affected Term SOFR Loans Loans, if applicable, will be deemed to have been Converted to converted into Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (SYNAPTICS Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A1) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Daily Simple SOFR Loans (or, if Daily Simple SOFR is also the subject of a Benchmark Transition Event, an ABR Loans) on the last day of the Interest Period applicable thereto and (B2) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans (or, if Daily Simple SOFR is also the subject of a Benchmark Transition Event, an ABR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, (x) all interest payments in respect of Daily Simple SOFR Loans will be payable on a quarterly basis and (y) the component of Base Rate the ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Ratethe ABR.

Appears in 1 contract

Samples: Xerox Corp

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for an affected Loan bearing interest based on the Adjusted Term SOFR Rate or the Adjusted Daily Simple SOFR Rate, as applicable, or a borrowing of, Conversion to or Continuation of any affected Loans bearing interest based on the Adjusted Term SOFR Loans Rate or the Adjusted Daily Simple SOFR Rate, as applicable, to be made, Converted or Continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted any such request into a request for a borrowing Loan of or Conversion to Loans bearing interest under the Base Rate Loans and (B) any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Term Loan Agreement (Centerspace)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (Ai) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate ABR Loans and (Bii) during the continuance of any Benchmark Unavailability Period, any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate ABR Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base RateABR.

Appears in 1 contract

Samples: Credit Agreement (Canada Goose Holdings Inc.)

Benchmark Unavailability Period. Upon the Borrower’s Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower Borrowers may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans subject to such Benchmark Unavailability Period to be made, Converted converted or Continued continued during any such Benchmark Unavailability Period and, failing that, (i) in the Borrower case of a request for borrowing of, conversion to or continuation of Loans denominated in Dollars, the Borrowers will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (Bii) in the case of a request for borrowing of, conversion to or continuation of Loans denominated in any outstanding affected SOFR Loans will Foreign Currency, such request shall be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Periodineffective. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available TenorBenchmark, the component of Base Rate or any other Benchmark that is based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base RateRate or such other Benchmark.

Appears in 1 contract

Samples: Credit Agreement (Crawford & Co)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate...

Appears in 1 contract

Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected Term SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, in the case of any request for any affected Term SOFR Loans, if applicable, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate ABR Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at in the end of the applicable Interest Periodamount specified therein. During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate the ABR based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base RateABR.

Appears in 1 contract

Samples: Credit Agreement (Davita Inc.)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans Incremental Advance bearing interest at a rate based on Daily One Month Term SOFR, to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to an Incremental Advance bearing interest at the Alternate Base Rate Loans and (B) any outstanding affected Incremental Advance bearing interest at a rate based on Daily One Month Term SOFR Loans will be deemed to have been Converted converted to an Incremental Advance bearing interest at the Alternate Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Calculation Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Alternate Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Alternate Base Rate.. (i)

Appears in 1 contract

Samples: Credit and Security Agreement (Columbus McKinnon Corp)

Benchmark Unavailability Period. Upon notice to the Borrower’s receipt of notice Borrower by the Administrative Agent in accordance with Section 10.02 of the commencement of a Benchmark Unavailability Period and until a Benchmark Replacement is determined in accordance with respect to a given Benchmarkthis Section 3.03(b), (Ai) the Borrower may revoke any pending request for a borrowing ofTerm SOFR Borrowing of a Eurodollar Rate Loan, Conversion or any request for the, conversion to or Continuation continuation of any affected a Borrowing of a Eurodollar Rate LoanTerm SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion to a Base Rate Loans Loan or conversion to a Base Rate LoanLoans and (Bii) any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (TJX Companies Inc /De/)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period Period, with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or continuation of LIBORConversion to or Continuation of any affected SOFR Loans to be made, Converted converted or continuedConverted or Continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted convertedConverted any such request into a request for a borrowing of or Conversion conversionConversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any theany then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (National Retail Properties, Inc.)

Benchmark Unavailability Period. Upon the Borrower’s 's receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such ​ ​ tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Credit Agreement (United States Lime & Minerals Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing Borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans Reference Rate Advances to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, (i) the Borrower will be deemed to have Converted converted any such request into a request for a borrowing Borrowing of or Conversion conversion to Base Rate Loans Advances in the amounts specified therein and (Bii) any outstanding affected SOFR Loans Reference Rate Advances will be deemed to have been Converted to converted into Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, Advances at the end of the applicable Interest Period. Upon any such prepayment or conversion, the Borrower shall also pay accrued interest on the amount so prepaid or converted together with any additional amounts required pursuant to Section 9.04(b). During any a Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

Appears in 1 contract

Samples: Term Loan Credit Agreement (DXC Technology Co)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given BenchmarkPeriod, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and Loans, (B) any outstanding affected Term SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest PeriodPeriod and (C) any outstanding affected Adjusted Daily Simple SOFR Loans will be deemed to have been immediately converted to Base Rate Loans. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Unsecured Term Loan Agreement (First Industrial Lp)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or Continuation continuation of any LIBOR Rateany affected SOFR Loans to be made, Converted converted or Continued continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted converted any such request into a request for a borrowing of or Conversion conversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any theany then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (MGP Ingredients Inc)

Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period Period, with respect to a given Benchmark, (A) the Borrower may revoke any pending request for a borrowing of, Conversion conversion to or continuation of LIBORConversion to or Continuation of any affected SOFR Loans to be made, Converted converted or continuedConverted or Continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have Converted convertedConverted any such request into a request for a borrowing of or Conversion conversionConversion to Base Rate Loans and (B) any outstanding affected SOFR Loans will be deemed to have been Converted to Base Rate Loans (I) with respect to any Daily Simple SOFR Loans, immediately and (II) with respect to any Term SOFR Loans, at the end of the applicable Interest Period. During any Benchmark Unavailability Period with respect to any Benchmark or at any time that a tenor for any theany then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark that is the subject of such Benchmark Unavailability Period or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.. (vi)

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

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