Common use of Term SOFR Notification Clause in Contracts

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. The interest rate on Term SOFR Borrowings Loans is determined by reference to Term SOFR. Section 2.13 3.1(a) 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 2.133.1(a), and (b) modifying this Agreement to give effect to such alternative rate of interest. The Lenders do 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 or with respect to any alternative or successor rate thereto, or replacement rate thereof (including any BenchmarkBenchmark replacement), including without limitation, whether any such alternative, successor or replacement reference rate (including any BenchmarkBenchmark replacement), as it may or may not be adjusted pursuant to Section 2.133.1(a), will have the same value as, or be economically equivalent to, Term SOFRthe rate as of the Closing Date. The Lenders Agent and their respective its affiliates or other related entities may engage in transactions that affect the calculation of Term SOFR, SOFR and any alternative, successor or replacement rate (including any BenchmarkBenchmark replacement) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Lenders Agent 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 Borrower, any Bank 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 the Term SOFR Rate and Daily Term SOFR Rate, respectively, which is derived from Term SOFR. Section 2.13 3.03(b) 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 2.133.03(b), and (b) modifying this Agreement to give effect to such alternative rate of interest. The Lenders do 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 Term SOFR or other rates in the definition of Term SOFR Rate and Daily Term SOFR Rate, as applicable, or with respect to any alternative or successor rate thereto, or replacement rate thereof (including any BenchmarkBenchmark Replacement), including without limitation, whether any such alternative, successor or replacement reference rate (including any BenchmarkBenchmark Replacement), as it may or may not be adjusted pursuant to Section 2.133.03(b), will have the same value as, or be economically equivalent to, the Term SOFRSOFR Rate or Daily Term SOFR Rate, as applicable. The Lenders Administrative Agent and their respective its affiliates or other related entities may engage in transactions that affect the calculation of the Base Rate, Term SOFR, the Term SOFR Rate, any alternative, successor or replacement rate (including any BenchmarkBenchmark Replacement) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Lenders Administrative Agent may select information sources or services in its reasonable discretion to ascertain the 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 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 Loans is determined by reference to Term SOFR. Section 2.13 3.l(a) 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 2.133.l(a), and (b) modifying this Agreement to give effect to such alternative rate of interest. The Lenders do 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 or with respect to any alternative or successor rate thereto, or replacement rate thereof (including any BenchmarkBenchmark replacement), including without limitation, whether any such alternative, successor or replacement reference rate (including any BenchmarkBenchmark replacement), as it may or may not be adjusted pursuant to Section 2.133.l(a), will have the same value as, or be economically equivalent to, Term SOFRthe rate as of the Closing Date. The Lenders Agent and their respective its affiliates or other related entities may engage in transactions that affect the calculation of Term SOFR, SOFR and any alternative, successor or replacement rate (including any BenchmarkBenchmark replacement) or any relevant adjustments thereto, in each case, in a manner adverse to the Borrower. The Lenders Agent 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 Borrower, any Bank 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.