Alternative Index Sample Clauses

Alternative Index. In the event that the Index for any Mortgage Loan, as specified in the related Credit Line Agreement, becomes unavailable for any reason, the Master Servicer shall select an alternative index in accordance with the terms of such Credit Line Agreement or, if such Credit Line Agreement does not make provision for the selection of an alternative index in such event, the Master Servicer shall, subject to applicable law, select an alternative index based on information comparable to that used in connection with the original Index and, in either case, such alternative index shall thereafter be the Index for such Mortgage Loan.

Alternative Index. If (i) the 1982/84=100 index is no longer used or if the manner in which the Consumer Price Index is determined by the Department of Labor, in Landlord's judgment, is otherwise substantially revised, the calculations will be appropriately adjusted to produce results that, in Landlord's judgment, are as nearly equivalent as is reasonably possible to the results which would have been achieved had the Consumer Price Index not been discontinued or so revised, or (ii) the Consumer Price Index is discontinued or is unavailable, Landlord will then have the right to substitute another index reflecting changes in the cost of living or purchasing power of the consumer dollar published by any other governmental agency, or if no such index is then available, another index published by a major

Alternative Index. If for any reason the OPIS Index for a particular Product should (i) cease to be published or (ii) be materially changed, the Parties agree promptly and in good faith to negotiate a mutually satisfactory alternate index or substitute methodology for calculating the price for such Product (the “Alternate Index”). If, on or before thirty (30) Days after the index used to determine the price hereunder ceases to be published, the Parties are unable to agree on an Alternate Index upon which to base the calculation of the price, the Parties shall submit such determination to arbitration in accordance with the provisions of Article 20, which arbitration procedure will determine the Alternate Index. From the date on which the index price used to determine the price for a particular Product ceases to be available until the Alternate Index is determined, the price for such Product shall be the average of the prices in effect hereunder (or that would have been in effect hereunder) during the twelve (12) Months preceding the Month in which the index upon which the price was based ceased to be available, which price shall be effective until the effective date of the Alternate Index determined as set forth in this Section 4.3. Upon the determination of an Alternate Index, the price will be adjusted retroactively to the date on which the index upon which the price previously was based ceased to be available. Any payments hereunder that are delayed pending the determination of an Alternate Index shall bear interest, at the Base Rate, from the date that such payment would have been due without such delay until the date of payment.

Alternative Index. (a) Notwithstanding the foregoing or anything to the contrary set forth herein, in the event that Agent or Borrower shall have determined in the exercise of good faith reasonable judgment that (i) there is a phase out of the Fixed LIBO Rate (or the Fixed LIBO Rate is reasonably likely to be phased out and commercial real estate lenders are generally exercising their rights to suspend the use of the Fixed LIBO Rate for floating rate loans based on such phase out) and (ii) there is an Alternative Index, then Agent (or Borrower, as the case may be) shall forthwith give notice by telephone of such determination, confirmed in writing, to Agent (or Borrower) at least one (1) day prior to the last day of the related Interest Period (provided that, with respect to the circumstances described in the foregoing clause (ii), the party making such determination agrees to notify the other party thirty (30) days’ prior to the conversion, unless such conversion is a result of an unanticipated Fixed LIBO Rate cessation, in which case such party shall only be obligated to notify the other party at least one (1) day prior to the last day of the related Interest Period). If such notice is given, the Loan shall be converted, on the last day of the then current Interest Period, to the Alternative Index and interest on the Loan shall thereafter be payable in accordance with the Alternative Index Rate, provided that such conversion is then in effect for borrowers under similar loans pursuant to which Agent serves as administrative agent or otherwise consistent with market practice generally. (b) In the event the Loan is converted to the Alternative Index Rate, Borrower shall be permitted to amend the Interest Rate Protection Agreement in a manner reasonably acceptable to Agent and consistent with market practice at the time related to the amendment of interest rate ▇▇▇▇▇▇ in connection with the phase out of Fixed LIBO Rate.

Alternative Index. If, at any time during the term of this Note, the Index is no longer available or is otherwise unpublished, Lender may select an alternative published index over which Lender has no control, in which case such alternative index will become the Index provided in this Note. The alternative index selected by Lender shall be reasonably comparable to the former Index with respect to rate levels and frequency of fluctuation.

Alternative Index. In the event the compilation and/or publication of the C.P.I., shall be transferred to any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the C.P.I. shall be used to calculate the applicable increase. In the event the Lessor and Lessee cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in Orange County and the decision of the arbitrators shall be binding upon the parties. The cost of said Arbitrators shall be paid equally by Lessor and Lessee.

Alternative Index. If (a) the CPI ceases using the 1982-1984 average of 100 as the basis of calculation, (b) a significant change is made in the number or nature (or both) of items used to determine the CPI, (c) Landlord and Tenant agree that the CPI does not accurately reflect, in relationship to the Base CPI, the purchasing power of the dollar, or (d) the CPI shall be discontinued for any reason, the Bureau of Labor Statistics shall be requested to furnish a new index comparable to the CPI , together with information which will make possible the conversion to the new index in computing the adjusted Rent hereunder. If for any reason the Bureau of Labor Statistics does not furnish such an index and such information, Landlord and Tenant shall instead accept and use such other index or comparable statistics on the cost of living in the city or region in which the Building is located that is computed and published by an agency of the United States or a responsible financial periodical of recognized authority.