Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 12 contracts
Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (Paycor Hcm, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s 's receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 9 contracts
Samples: Credit Agreement (Liberty Oilfield Services Inc.), Credit Agreement (Farmer Brothers Co), Credit Agreement (Liberty Oilfield Services Inc.)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing Rate Loan of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 7 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (STAMPS.COM Inc)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing ofLoan, or conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing Loan of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 6 contracts
Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing of, conversion Loan or a Conversion to or continuation Continuation of LIBOR Rate Loans to be made, converted Converted or continued Continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted Converted any such request into a request for LIBOR Loan or a Borrowing of or conversion Conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 4 contracts
Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 4 contracts
Samples: Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 3 contracts
Samples: Credit Agreement (Five Below, Inc), Credit Agreement (Five Below, Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Benchmark Unavailability Period. Upon Administrative Borrower’s the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower the Borrowers may revoke any request for a Borrowing of a LIBOR Borrowing ofRate Loan, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower the Borrowers will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 2 contracts
Samples: Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (American Outdoor Brands Corp)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.”
Appears in 2 contracts
Samples: Credit Agreement (General Finance CORP), Credit Agreement (General Finance CORP)
Benchmark Unavailability Period. Upon Administrative Borrower’s the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Lead Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Lead Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 2 contracts
Samples: Credit Agreement (Tilly's, Inc.), Credit Agreement (Tilly's, Inc.)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a borrowing of a LIBOR Borrowing ofLoan, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Interest Rate will not be used in any determination of the Base Rate.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Urban Edge Properties LP), Revolving Credit Agreement (Urban Edge Properties LP)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing Loan of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 2 contracts
Samples: Credit Agreement (Columbia Sportswear Co), Credit Agreement (Columbia Sportswear Co)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a borrowing of a LIBOR Borrowing Loan of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of “Base Rate Rate” based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 2 contracts
Samples: Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Intercreditor Agreement (Pennsylvania Real Estate Investment Trust)
Benchmark Unavailability Period. Upon Administrative Borrower’s the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower the Borrowers may revoke any request for a LIBOR Borrowing of, conversion to or continuation of any LIBOR Rate Loans Loan to be made, converted or continued during any Benchmark Unavailability Period andPeriod, failing provided that, Administrative Borrower if such request is not revoked, the Borrowers will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Reference Rate Loans. During any Benchmark Unavailability Period, the component of Base Reference Rate based upon the LIBOR Rate will not be used in any determination of the Base Reference Rate.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Owl Rock Capital Corp III), Revolving Credit Agreement (NMF SLF I, Inc.)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a -cliv- LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Credit Agreement (SelectQuote, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.. (e)
Appears in 1 contract
Samples: Credit Agreement (Nautilus, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower the Borrowers may revoke any request for a borrowing of LIBOR Borrowing Rate Loans of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower the Borrowers will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component components of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing ofRate Loan or, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing Rate Loan of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing Rate Loan of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.”
Appears in 1 contract
Samples: Credit Agreement (DCP Midstream, LP)
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
Benchmark Unavailability Period. Upon Administrative BorrowerXxxxxxxx’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Credit Agreement
Benchmark Unavailability Period. Upon Administrative Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower may revoke any ACTIVE 50029207v6 request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Benchmark Unavailability Period. Upon Administrative Borrower’s Borrowers' receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower Borrowers may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative Borrower Borrowers will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon Administrative Borrower’s the Borrowers’ receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative Borrower the Borrowers may revoke any request for a LIBOR Borrowing of, conversion to or continuation of any LIBOR Rate Loans Loan to be made, converted or continued during any Benchmark Unavailability Period andPeriod, failing provided that, Administrative Borrower if such request is not revoked, the Borrowers will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base a Reference Rate LoansLoan. During any Benchmark Unavailability Period, the component of Base Reference Rate based upon the LIBOR Rate will not be used in any determination of the Base Reference Rate.
Appears in 1 contract
Samples: Revolving Credit Agreement (AG Twin Brook BDC, Inc.)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a Borrowing of a LIBOR Borrowing ofLoan, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing of, conversion to or continuation of LIBOR Rate Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Reference Rate Loans. During any Benchmark Unavailability Period, the component of Base Reference Rate based upon the LIBOR Rate will not be used in any determination of the Base Reference Rate.
Appears in 1 contract
Samples: Revolving Credit Agreement (AB Private Credit Investors Corp)
Benchmark Unavailability Period. Upon Administrative the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, Administrative the Borrower may revoke any request for a LIBOR Borrowing Rate Tranche of, conversion to or continuation of LIBOR Rate Loans Tranches to be made, converted or continued during any Benchmark Unavailability Period and, failing that, Administrative the Borrower will be deemed to have converted any such request into a request for a Borrowing borrowing of or conversion to a Base Rate LoansTranche. During any Benchmark Unavailability Period, the component of the Base Rate based upon the LIBOR Rate will not be used in any determination of the Base Rate.
Appears in 1 contract
