Common use of Sustainability Adjustments Clause in Contracts

Sustainability Adjustments. (a) Following the date on which the Company provides a Pricing Certificate in respect of the most recently ended fiscal year, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Margin Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Fee Adjustment as set forth in such Pricing Certificate. For purposes of the foregoing, (A) the Sustainability Margin Adjustment and the Sustainability Fee Adjustment shall be determined as of the fifth Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d) based upon the KPI Metrics set forth in such Pricing Certificate and the calculations of the Sustainability Margin Adjustment and the Sustainability Fee Adjustment, as applicable, therein (such day, the “ Sustainability Pricing Adjustment Date ”) and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Fee Rate resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing Certificate could have been delivered pursuant to the terms of Section 6.02(d)).

Appears in 1 contract

Samples: Credit Agreement (General Mills Inc)

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Sustainability Adjustments. (a) Following the date on which the Company provides a Pricing Certificate in respect of the most recently ended fiscal year, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Margin Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Fee Adjustment as set forth in such Pricing Certificate. For purposes of the foregoing, (A) the Sustainability Margin Adjustment and the Sustainability Fee Adjustment shall be determined as of the fifth Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d) based upon the KPI Metrics set forth in such Pricing Certificate and the calculations of the Sustainability Margin Adjustment and the Sustainability Fee Adjustment, as applicable, therein (such day, the Sustainability Pricing Adjustment Date Date”) and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Fee Rate resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing Certificate could have been delivered pursuant to the terms of Section 6.02(d)).

Appears in 1 contract

Samples: Credit Agreement (General Mills Inc)

Sustainability Adjustments. (a) Following the date on which the Company Borrower provides a Pricing Certificate in respect of the most recently ended fiscal year, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor not decreased), as applicable, ) pursuant to the Sustainability Margin Applicable Rate Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Fee Adjustment Amount as set forth in such Pricing Certificate; provided, that in no event will the Applicable Margin be reduced to less than zero as a result of the Sustainability Rate Adjustment Amount. For purposes of the foregoing, (A) the Sustainability Margin Applicable Rate Adjustment and the Sustainability Fee Adjustment Amount shall be determined as of the fifth Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d7.02(f) based upon the KPI Metrics Metric set forth in such Pricing Certificate and the calculations of the Sustainability Margin Applicable Rate Adjustment and the Sustainability Fee Adjustment, as applicable, Amount therein (such day, the Sustainability Pricing Adjustment Date Date”) and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Fee Rate resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing Certificate could have been delivered pursuant to the terms of Section 6.02(d7.02(f)).

Appears in 1 contract

Samples: Credit Agreement (Phillips Edison & Company, Inc.)

Sustainability Adjustments. (a) Following the date on which the Company Borrower provides a Pricing Certificate in respect of the most recently ended fiscal year, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Margin Rate Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Commitment Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Fee Adjustment as set forth in such Pricing Certificate. For purposes of the foregoing, (A) each of the Sustainability Margin Rate Adjustment and the Sustainability Fee Adjustment shall be determined as of the fifth Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d) based upon the KPI Metrics set forth in such Pricing Certificate and the calculations of the Sustainability Margin Rate Adjustment and the Sustainability Fee AdjustmentAdjustment calculations, as applicable, therein (such day, the "Sustainability Pricing Adjustment Date ”Date") and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Commitment Fee Rate resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing Certificate could have been delivered pursuant to the terms of Section 6.02(d)).

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

Sustainability Adjustments. (a) Following the date on which the Company provides a Pricing Certificate in respect of the most recently ended fiscal yearcalendar year (commencing with the calendar year ending December 31, (i) 2022), the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to (i) in the case of the interest rate spreads, the Sustainability Margin Rate Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased)case of the commitment fees, as applicable, pursuant to the Sustainability Commitment Fee Adjustment Adjustment, in each case, as set forth in such Pricing Certificate. For purposes of the foregoing, (A) the Sustainability Margin Rate Adjustment and the Sustainability Commitment Fee Adjustment shall be determined applied as of the fifth Business Day (such day, the “Sustainability Pricing Adjustment Date”) following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d) 5.01(d), based upon the KPI Metrics set forth in such Pricing Certificate and the calculations of the Sustainability Margin Rate Adjustment and the Sustainability Commitment Fee AdjustmentAdjustment set forth in such Pricing Certificate, as applicable, therein (such day, the “ Sustainability Pricing Adjustment Date ”) and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Fee Rate resulting from the delivery of a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of event the Company fails to deliver a Pricing CertificateCertificate in accordance with Section 5.01(d), the last day such Pricing Certificate could have been delivered pursuant to the terms of Section 6.02(d)such Section).

Appears in 1 contract

Samples: Credit Agreement (Kla Corp)

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Sustainability Adjustments. (a) Following the date on which the Company Borrower provides a Pricing Certificate pursuant to Section 6.14(a) in respect of the its most recently ended fiscal yearAnnual Period, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Margin Adjustment as set forth in such Pricing Certificate and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Fee Adjustment as set forth in such Pricing Certificate. For purposes of the foregoing, (A) the Sustainability Margin Adjustment and the Sustainability Fee Adjustment shall be determined as of the fifth (5th) Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(d) based upon the KPI Metrics set forth in such Pricing Certificate and the calculations calculation of the Sustainability Margin Adjustment and the Sustainability Fee Adjustment, as applicable, therein (such day, the Sustainability Pricing Adjustment Date Date”) and (B) each change in the Applicable Margin, the Facility Fee Rate and the Letter of Credit Fee Rate Margin resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing Certificate could have been delivered pursuant to Section 6.14(a)); provided that if any Sustainability Pricing Adjustment Date shall occur before the terms last day of an Interest Period, no change to the Applicable Margin as a result of the Sustainability Margin Adjustment shall be effective for purposes of Section 6.02(d))2.6 until the first day of the immediately succeeding Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Cemex Sab De Cv)

Sustainability Adjustments. (a) Following the date on which the Company provides a Pricing Certificate in respect of the most recently ended fiscal calendar year, (i) the Applicable Margin and the Letter of Credit Fee Rate shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Margin Rate Adjustment as set forth in such Pricing Certificate Certificate, and (ii) the applicable Facility Fee Rate set forth in the Pricing Schedule shall be increased or decreased (or neither increased nor decreased), as applicable, pursuant to the Sustainability Facility Fee Adjustment as set forth in such Pricing Certificate. For purposes of the foregoing, (A) the Sustainability Margin Rate Adjustment and the Sustainability Facility Fee Adjustment shall be determined applied as of the fifth Business Day following receipt by the Administrative Agent of a Pricing Certificate delivered pursuant to Section 6.02(dclause (f) below based upon the KPI Metrics set forth in such Pricing Certificate and the calculations of the Sustainability Margin Rate Adjustment and the Sustainability Facility Fee Adjustment, as applicable, Adjustment therein (such day, the Sustainability Pricing Adjustment Date Date”) and (B) each change in the Applicable Margin, Rate and the Facility Fee Rate and the Letter of Credit Fee Rate resulting from a Pricing Certificate shall be effective during the period commencing on and including the applicable Sustainability Pricing Adjustment Date and ending on the date immediately preceding the next such Sustainability Pricing Adjustment Date (or, in the case of non-delivery of a Pricing Certificate, the last day such Pricing applicable KPI Certificate could have been delivered pursuant to the terms of Section 6.02(d)Default Date).

Appears in 1 contract

Samples: Credit Agreement (Republic Services, Inc.)

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