Common use of or otherwise Clause in Contracts

or otherwise. Each change in the Applicable Margin shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's or S&P shall change, or if either such rating agency shxxx xxxse to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 2 contracts

Samples: Pioneer Natural Resources Co, Pioneer Natural Resources Co

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or otherwise. Each change in the Applicable Margin Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's Xxxxx'x or S&P shall change, or if either such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 2 contracts

Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Reynolds & Reynolds Co)

or otherwise. Each change in the Applicable Margin Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's Xxxxx’x or S&P shall change, or if either such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

or otherwise. Each change in the Applicable Margin Rate shall apply during ------------ the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's 's, Fitch or S&P shall change, or if either such rating agency shxxx xxxse sxxxx xxase to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit Agreement (Nationwide Health Properties Inc)

or otherwise. Each change in the Applicable Margin shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's or S&P shall change, or if either such rating agency shxxx xxxse to shall cexxx xx be in the business of rating corporate debt obligations, the Borrower Borrowers and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit Agreement (Smith International Inc)

or otherwise. Each change in the Applicable Margin Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's S&P or S&P Xxxxx'x shall change, or if either such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Guaranty Agreement (Pall Corp)

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or otherwise. Each change in the Applicable Margin shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's Xxxxx'x or S&P shall change, or if either such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower Borrowers and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit Agreement (Smith International Inc)

or otherwise. Each change in the Applicable Margin Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's Xxxxx’x, Fitch or S&P shall change, or if either such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit Agreement (Nationwide Health Properties Inc)

or otherwise. Each change in the Applicable Margin Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's or S&P any of the rating agencies shall change, or if either any such rating agency shxxx xxxse shall cease to be in the business of rating corporate debt obligations, the Borrower and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Margin Rate shall be determined by reference to the rating of such agency most recently in effect prior to such change or cessation.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (PayPal Holdings, Inc.)

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