Unascertainable; Increased Costs. If, at any time:
Unascertainable; Increased Costs. If, on or after the Effective Date:
Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Period (or, in the case of clause (iii), prior to advancing any Swingline Loan):
Unascertainable; Increased Costs and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBORTerm SOFR Rate Option and such Interestthe Term SOFR Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Lender notifies the Administrative Agent of a determination under Section 4.4.24.4.2
Unascertainable; Increased Costs above, the Administrative Agent shall promptly so notify the Lenders and the Borrowing Agent thereof, and in the case of an event specified in Section 4.4.2 [Illegality; Increased Costs; Deposits Not Available] above, such Lender or Lenders shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrowing Agent. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (Ai) the Lenders, in the case of such notice given by the Administrative Agent, or (Bii) such Lender or Lendors, in the case of such notice given by such Lender or Lenders, to allow the Borrowers to select, convert to or renew a LIBOR Term SOFR Rate Option Loan shall be suspended (to the extent of the affected Term SOFR Rate Loan or Interest Periods) until the Administrative Agent shall have later notified the Borrowing Agent, or such Lender or Lenders shall have later notified the Administrative Agent, of the Administrative Agent’s or such Xxxxxx’s or Lenders’, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 4.4.1 [Unascertainable; Increased DMFIRM #404836892 v17 60 Costs] and the Borrowers have previously notified the Administrative Agent of their selection of, conversion to or renewal of a LIBOR Term SOFR Rate Option and such Interest Term SOFR Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Lender or Lenders notify the Administrative Agent of a determination under Section 4.4.2 [Illegality; Increased Costs; Deposits Not Available], the Borrowers shall, subject to the Borrowers’ indemnification Obligations under Section 5.10 [Indemnity], as to any Loan of such Lender or Lenders to which a LIBOR Term SOFR Rate Option applies, on the date specified in such notice either convert such Loan to the Base Rate Option otherwise available with respect to such Loan or prepay such Loan in accordance with Section 5.6 [Voluntary Prepayments]. Absent due notice from the Borrowers of conversion or prepayment, such Loan shall automat...
Unascertainable; Increased Costs. If, on or prior to the first day of an Interest Periodat any time: (i) (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding absent manifest error) that (x) the BSBY Rate or or Daily BSBY Floating Rate1M SOFR cannot be determined because it is not available or published on a current basis; (y) adequate and reasonable means do not otherwise exist for determining any requested Interest Periods with respect to an existing or proposed BSBY Rate Loan or Daily BSBY Floating Rate Loan; or (z) a fundamental change has occurred with respect to the BSBY Rate or Daily BSBY Floating Rate (including, without limitation, changes in national or international financial, political or economic conditions), pursuant to the definition thereof; or (ii) (ii) any Lender determines that for any reason in connection with any request for a BSBY Rate Loan or Daily BSBY Floating Rate Loan or a conversion thereto or a continuation thereof that the BSBY Rate or Daily BSBY Floating Rate for any requested Interest Period with respect to a proposed BSBY Rate Loan or Daily BSBY Floating Rate LoanDaily 1M SOFR does not adequately and fairly reflect the cost to such LendersLender of funding such Loan,, establishing or maintaining such Lender’s Loans during the applicable Interest Period and such Lender has provided notice of such determination to the Administrative Agent; then the Administrative Agent shall have the rights specified in Section 5.04(c). (b)
Unascertainable; Increased Costs and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a Term SOFR Rate Option and the Term SOFR Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Lender notifies the Administrative Agent of a determination under Section 3.4.2 [Illegality], the Borrower shall, subject to the Borrower’ indemnification Obligations under Section 4.10 [Indemnity], as to any Loan of the Lender to which a Term SOFR Rate Option applies, on the date specified in such notice either convert such Loan to the Base Rate Option otherwise available with respect to such Loan or prepay such Loan in accordance with Section 4.6 [
