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.
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Sources: Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.)
Replacement of Screen Rate. (a) Subject to Clause 27.3, if the Screen Rate is not available for Dollarsdollars, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to Dollarsdollars, 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 Borrowers and the Facility 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.
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Replacement of Screen Rate. (a) Subject to Clause 27.3clause 35.2 (Exceptions), if the Screen Rate is not available for DollarsZAR, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to Dollars, ZAR 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 PartiesObligors.
(b) If any Lender fails to respond to a request for an amendment or waiver described in paragraph (aclause 35.3(a) above within 5 five Business Days (unless the Borrower Obligors' Agent and the Facility 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.
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