Replacement of Screen Rate Sample Clauses
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Replacement of Screen Rate. (a) Subject to paragraph (b) of Clause 27.2, if a Screen Rate Replacement Event has occurred in relation to the Screen Rate for dollars, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Benchmark in relation to (or in addition to) that currency in place of that Screen Rate; and
(A) aligning any provision of any Finance Document to the use of that Replacement Benchmark;
(B) enabling that Replacement Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Benchmark to be used for the purposes of this Agreement);
(C) implementing market conventions applicable to that Replacement Benchmark;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Benchmark; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Agent (acting on the instructions of the Majority Lenders) and the Borrowers.
(b) If any Lender fails to respond to a request for an amendment or waiver described in paragraph (a) above within 5 Business Days (or such longer time period in relation to any request which the Borrowers and the Agent may agree) of that request being made:
(i) its Commitment shall not be included for the purpose of calculating the Total Commitments when ascertaining whether any relevant percentage of Total Commitments has been obtained to approve that request; and
(ii) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Replacement of Screen Rate. Subject to paragraph (b) of Clause 34.2 (Exceptions), any amendment or waiver which relates to:
(a) providing for the use of a Replacement Benchmark in relation to that currency in place of that screen rate; and
(i) aligning any provision of any Finance Document to the use of that Replacement Benchmark;
(ii) enabling that Replacement Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Benchmark to be used for the purposes of this Agreement);
(iii) implementing market conventions applicable to that Replacement Benchmark;
(iv) providing for appropriate fallback (and market disruption) provisions for that Replacement Benchmark; or
(v) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Majority Lenders and the Company.
Replacement of Screen Rate. THAY THẾ LÃI SUẤT HIỂN THỊ
(a) Any amendment or waiver which relates to:
(i) providing for the use, administration, adoption or implementation of a Replacement Benchmark, any technical, administrative or operational changes, or amendments which relate to aligning any provision of any Facility Document to the use of that Replacement Benchmark, including for the purpose of the calculation of interest, the timing and frequency of determining rates and making payments of interest, and the timing of utilisations;
(ii) implementing market conventions applicable to that Replacement Benchmark and/or providing for appropriate fallback (and market disruption) provisions for that Replacement Benchmark; and/or
(iii) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), collectively referred to as "Conforming Changes", may be made by the Bank, from time to time, and notified to the Customer. được gọi chung là "các Sửa Đổi Phù Hợp", có thể được thực hiện bởi Ngân Hàng, tùy từng thời điêm, và được thông báo cho Khách Hàng.
Replacement of Screen Rate. (a) Subject to Clause 27.3, if the Screen Rate is not available for Dollars, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to Dollars, in place of that Screen Rate (or which relates to aligning any provision of a Finance Document to the use of that benchmark rate) may be made with the consent of the Majority Lenders and the Security Parties.
(b) If any Lender fails to respond to a request for an amendment or waiver described in paragraph (a) above within 5 Business Days (unless the Borrower and the Agent agree to a longer time period in relation to any request) of that request being made:
(i) its Commitment shall not be included for the purpose of calculating the Total Commitments when ascertaining whether any relevant percentage of Total Commitments has been obtained to approve that request; and
(ii) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Replacement of Screen Rate. If a Screen Rate Replacement Event has occurred in relation to any Screen Rate for a currency which can be selected for a Loan, any amendment or waiver which relates to: (a) providing for the use of a Replacement Benchmark in relation to that currency in place of (or in addition to) the affected Screen Rate; and
Replacement of Screen Rate. Subject to Clause 36.3 (Other Exceptions), if the Screen Rate is not available for rand, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to rand in place of that Screen Rate (or which relates to aligning any provision of a Finance Document to the use of that other benchmark rate) may be made with the consent of the Majority Lenders and the Obligors.
Replacement of Screen Rate. Subject to Clause 34.2.4, any amendment or waiver which relates to:
34.7.1 providing for the use of a Replacement Benchmark; and
(i) aligning any provision of any Initial ACF Finance Document to the use of that Replacement Benchmark;
(ii) enabling that Replacement Benchmark to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Benchmark to be used for the purposes of this Agreement);
(iii) implementing market conventions applicable to that Replacement Benchmark;
(iv) providing for appropriate fallback (and market disruption) provisions for that Replacement Benchmark; or
(v) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Benchmark (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Initial ACF Agent (acting on the instructions of the Majority Lenders) and the Company.
Replacement of Screen Rate. If a Screen Rate Replacement Event occurs the Bank and the Borrower may agree such amendments to the Finance Documents as may be required to (i) provide for and align the Finance Documents to the use of a Replacement Base Rate for the calculation of interest under this Agreement, (ii) provide for appropriate fall-back provisions for the Replacement Base Rate and (iii) adjust the pricing to reduce or mitigate the transfer of economic value from one party to another as a result of the application of the Replacement Base Rate. EX 10.35
Replacement of Screen Rate. Subject to paragraph (a) of Clause 36.4 (Other exceptions) if any Screen Rate is not available for a currency which can be selected for a Loan, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to that currency in place of that Screen Rate (or which relates to aligning any provision of a Finance Document to the use of that other benchmark rate) may be made with the consent of the Majority Lenders and the Borrower.
Replacement of Screen Rate. (a) Subject to Clause 33.3 (Other exceptions), on or after the occurrence of the Benchmark Transition Date, the Majority Lenders may instruct the Agent to may amend this Agreement to replace LIBOR with a Benchmark Replacement. Any such amendment will become effective on the Effective Date without any further action or consent of the Borrower, provided that the Agent has not received written notice of objection to such amendment from the Borrower by 5:00 p.m. (Hong Kong time) on the tenth Business Day after the Agent has provided such amendment to the Borrower
(b) If the Agent receives written notice of objection in accordance with paragraph (a), the Borrower and the Agent (acting on the instructions of the Majority Lenders) shall promptly enter into negotiations in good faith with a view to agreeing the amendments to this Agreement to replace LIBOR with a Benchmark Replacement no later than 30th September 2021. Any such amendments will become effective on the Effective Date.
(c) In connection with the implementation of a Benchmark Replacement, Majority Lenders may instruction the Agent, and the Agent will have the right, to make any consequential changes that the Agent (acting on the instructions of the Majority Lenders) determines are appropriate to reflect the adoption, implementation and administration of such Benchmark Replacement from time to time and any changes to include fallbacks in the event the Benchmark Replacement is not available. Any amendments implementing such changes will become effective after the Agent has provided such amendment to the Borrower without any further action or consent of the Borrower or any other Finance Party.
(d) The Agent will promptly notify the Borrower upon becoming aware of any occurrence of the Benchmark Transition Date. Any determination, decision or election that may be made by the Agent pursuant to this Clause 33.4 will be conclusive and binding absent manifest error.
(e) The Borrower and each Finance Party shall, at the request of the Agent, take such action as is available to it for the purpose of authorising or giving effect 49173559_13 to the amendments effected or to be effected pursuant to this Clause 33.4 and, if any security or guarantee has been granted in respect of this Agreement, to ensure the perfection, protection or maintenance of any such security or guarantee.
(f) This Clause 33.4 shall apply notwithstanding any other provision of this Agreement.
(g) In this Clause 33.4 the following definition...