Successor Index Sample Clauses

Successor Index. If a relevant Indexis (i) not calculated and announced by the IndexSponsor but is calculated and published by a successor to that IndexSponsor (the "Successor Index Sponsor") acceptable to the Calculation Agent or (ii) replaced by a successor index using, in the determination of the Calculation Agent, the same or a substantially similar formula for and method of calculation as used in the calculation of such Index, then in each case that Index(the "Successor Index") will be deemed to be the Index.
Successor Index. In the event that the Company, in its sole discretion, determines that it is necessary or appropriate to use a Successor Index (as defined in Exhibit A hereto) to the Index, the Company shall give written notice to the Warrant Agent, which shall then promptly notify the Warrantholders (in the manner provided in Section 6.05), to the effect that (a) a Successor Index will replace the Index and (b) pursuant to the Warrant Agreement and the Warrants, such Successor Index will be used in place of the Index for all purposes relating to the Warrants, and the Company shall make available to the Warrantholders, upon request, a written description of the manner in which such Successor Index is determined.
Successor Index. If there is no Consumer Price Index for All Items and Major Group Figures For All Urban Consumers published by the Bureau of Labor Statistics, US Department of Labor, at the times referred to above, then the most-nearly comparable successor, or if no successor exists, then the most reasonably comparable other index then being published, shall constitute, and be used as, the "Index" for purposes of this Lease.
Successor Index. (a) If Agent determines (which determination shall be final and conclusive, absent manifest error) that either (a)(i) the circumstances set forth in Section 3.4 have arisen and are unlikely to be temporary, or (ii) the circumstances set forth in Section 3.4 have not arisen but the applicable supervisor or administrator (if any) of the London Interbank Offered Rate or a Governmental Authority having jurisdiction over Agent has made a public statement identifying the specific date after which the London Interbank Offered Rate shall no longer be used for determining interest rates for loans (either such date, a “LIBOR Termination Date”), or (b) a rate other than the London Interbank Offered Rate has become a widely recognized benchmark rate for newly originated loans in Dollars in the U.S. market, then Agent may (in consultation with Borrower) choose a replacement index for the Daily LIBOR Rate and make adjustments to applicable margins and related amendments to this Agreement as referred to below such that, to the extent practicable, the all-in interest rate based on the replacement index will be substantially equivalent to the all-in Daily LIBOR Rate-based interest rate in effect prior to its replacement.
Successor Index. S I -1 3If the Index Sponsor discontinues publication of the Index but the Index is calculated and announced by a successor sponsor acceptable to the Calculation Agent (in its sole and absolute discretion) or the Index Sponsor or another entity publishes a successor or substitute index that the Calculation Agent detennines, in its sole and absolute discretion, to be comparable to the Index then, in each case, that index (the "Successor Index") will be deemed to be the Index and the Calculation Agent will substitute the Successor Index as calculated by the Index Sponsor or any other entity for the Index.If a Successor Index is selected, the Successor Index will be used as a substitute for the Index for all purposes after such selection, including for purposes of detennining whether a Market Disruption Event exists, even if the Index Sponsor elects to begin republishing the original Index, unless the Calculation Agent in its sole and absolute discretion decides to use the republished Index.
Successor Index. (a) If at any time Lender reasonably believes or reasonably determines that (i) the pre-replacement interest-rate index applicable to the Notes (such pre-replacement index or replacement index, the “Index”) has been or will imminently be discontinued for any reason, (ii) the pre-replacement Index will not adequately and fairly reflect the cost to Lender of maintaining or funding loans based on the pre-replacement Index, (iii) the pre-replacement Index is not widely used as a benchmark Index or is no longer an industry-accepted reference rate for similarly situated loans to the Loans, (iv) adequate and fair means do not exist for Lender to ascertain the pre-replacement Index or the pre-replacement Index is no longer being published by a reliable source reasonably available to and used by Lender, (v) regulatory changes (meaning a change in any applicable law, treaty, rule, regulation or guideline, or the interpretation or administration thereof,

Related to Successor Index

  • Successor Substituted Upon any consolidation of the Company with, or merger of the Company into, any other Person or any conveyance, transfer or lease of the properties and assets of the Company substantially as an entirety in accordance with Section 8.1, the successor Person formed by such consolidation or into which the Company is merged or to which such conveyance, transfer or lease is made shall succeed to, and be substituted for, and may exercise every right and power of, the Company under this Indenture with the same effect as if such successor Person had been named as the Company herein, and thereafter, except in the case of a lease, the predecessor Person shall be relieved of all obligations and covenants under this Indenture and the Securities.

  • SUCCESSOR RIGHTS This Agreement shall inure to the benefit of and be enforceable by Executive’s personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees, and shall be binding upon Company and any successor to Company. If Executive should die while any amounts would still be payable to Executive hereunder all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to Executive’s devisee, legatee or other designee or, if there is no such designee, to Executive’s estate.