Changes to reference rates. Subject to clause 37.2(C), if a Published Rate Replacement Event has occurred, any amendment or waiver which relates to: (A) providing for the use of a Replacement Reference Rate; and (B) (i) aligning any provision of any Finance Document to the use of that Replacement Reference Rate; (i) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement); (ii) implementing market conventions applicable to that Replacement Reference Rate; (iii) providing for appropriate fallback (and market disruption provisions) for that Replacement Reference Rate; or (iv) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders).
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Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Changes to reference rates. (a) Subject to clause 37.2(CClause 44.3 (Other exceptions), if a Published Rate Replacement Event has occurred, any amendment or waiver which relates to:
(Ai) providing for the use of a Replacement Reference RateRate in place of the RFR; and
(B) (iA) aligning any provision of any Finance Document to the use of that Replacement Reference Rate;
(iB) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement);
(iiC) implementing market conventions applicable to that Replacement Reference Rate;
(iiiD) providing for appropriate fallback (and market disruption provisionsdisruption) provisions for that Replacement Reference Rate; or
(ivE) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Facility Agent (acting on the instructions of the Majority Lenders)) and the Borrowers.
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