Term SOFR Notification. Section 3.8(b) of this Agreement provides a mechanism for determining an alternate rate of interest in the event that the Term SOFR Rate is no longer available or in certain other circumstances. The Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the Term SOFR Rate or other rates in the definition of “Term SOFR Rate” or with respect to any alternative or successor rate thereto, or replacement rate therefor.
Term SOFR Notification. The interest rate on Term SOFR Borrowings is determined by reference to the Adjusted Term SOFR Screen Rate, which is derived from Term SOFR. Section 3.3(ii) provides a mechanism for (a) determining an alternative rate of interest if Term SOFR is no longer available or in the other circumstances set forth in Section 3.3(ii), and (b) modifying this Agreement to give effect to such alternative rate of interest. The Designated Agent does not warrant or accept any responsibility for, and shall not have any liability with respect to, the administration, submission or any other matter related to Term SOFR or other rates in the definition of Term SOFR Rate or with respect to any alternative or successor rate thereto, or replacement rate thereof (including any Benchmark Replacement), including without limitation, whether any such alternative, successor or replacement reference rate (including any Benchmark Replacement), as it may or may not be adjusted pursuant to Section 3.3(ii), will have the same value as, or be economically equivalent to, Term SOFR. The Designated Agent and its affiliates or other related entities may engage in transactions that affect the calculation of Alternate Base Rate, Term SOFR, the Term SOFR Rate, any alternative, successor or replacement rate (including any Benchmark Replacement) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Designated Agent may select information sources or services in its reasonable discretion to ascertain the Alternate Base Rate, the Term SOFR Rate, Term SOFR or any other Benchmark, in each case pursuant to the terms of this Agreement, and shall have no liability to the Borrower, any Lender or any other person or entity for damages of any kind, including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service.
Term SOFR Notification. The interest rate on Term SOFR Borrowings is determined by reference to Term SOFR. Section 2.13 provides a mechanism for (a) determining an alternative rate of interest if Term SOFR is no longer available or in the other circumstances set forth in Section 2.13, and (b) modifying this Agreement to give effect to such alternative rate of interest. The Lenders do not warrant or accept any responsibility for, and shall not have any liability with respect to, the administration, submission or any other matter related to Term SOFR or other rates in the definition of Term SOFR or with respect to any alternative or successor rate thereto, or replacement rate thereof (including any Benchmark), including without limitation, whether any such alternative, successor or replacement reference rate (including any Benchmark), as it may or may not be adjusted pursuant to Section 2.13, will have the same value as, or be economically equivalent to, Term SOFR. The Lenders and their respective affiliates or other related entities may engage in transactions that affect the calculation of Term SOFR, any alternative, successor or replacement rate (including any Benchmark) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Lenders may select information sources or services in its reasonable discretion to ascertain Term SOFR or any other Benchmark, in each case pursuant to the terms of this Agreement, and shall have no liability to the Borrower or any other person or entity for damages of any kind, including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service.
Term SOFR Notification. 36 ARTICLE II
Term SOFR Notification. 34 Section 1.7 Additional Alternative Currencies; Daily Simple SOFR ......................... 34 ARTICLE II
Term SOFR Notification. Section 3.03 of this Agreement provides a mechanism for determining an alternative rate of interest in the event that the Adjusted Term SOFR Rate is no longer available or in certain other circumstances. The Administrative Agent does not warrant or accept any responsibility for and shall not have any liability with respect to, the administration, submission or any other matter related to the Adjusted Term SOFR Rate or with respect to any alternative or successor rate thereto, or replacement rate therefor. ARTICLE II THE COMMITMENTS AND CREDIT EXTENSIONS 2.01 Commitments. (a) [Reserved] (b) Term Loan A-1. Subject to the terms and conditions set forth herein, each Lender severally agrees to make its portion of a term loan (the “Term Loan A-1”) to the Borrower in Dollars, on the Closing Date, in an aggregate amount not to exceed such Xxxxxx’s Term Loan A-1 Commitment; it being understood that the Term Loan A-1 must be drawn in one Borrowing. Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed. The Term Loan A-1 may be composed of Base Rate Loans, Term SOFR Rate Loans or Daily Simple SOFR Rate Loans, or a combination thereof, as further provided herein. 2.02
Term SOFR Notification. Section 1.8 of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
Term SOFR Notification. A new Section 1.8 is hereby added to the Loan Agreement to read as follows:
Term SOFR Notification. 58 1.7 Conforming Changes Relating to Term SOFR Rate....................... 58 II. ADVANCES, PAYMENTS................................................................................. 58 2.1 Revolving Advances................................................................... 58
Term SOFR Notification. 28 Section 1.4 Divisions ....................................................................................................................29 SECTION 2. THE CREDITS. ......................................................................................................29 Section 2.1 The Commitments and the Loans ...............................................................................29
