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.
Appears in 1 contract
Sources: Amendment and Restatement Deed
Replacement of Screen Rate. Subject to Clause 34.2.4, If a Screen Rate Replacement Event has occurred any amendment or waiver which relates to:
34.7.1 (a) 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) relevant Floating Certificate Holder and the Company.
Appears in 1 contract
Sources: First Amendment Agreement to the Subscription Agreement (Radius Global Infrastructure, Inc.)
Replacement of Screen Rate. Subject to Clause 34.2.4, any 13.9.1 Any amendment or waiver which relates to:
34.7.1 : (a) providing for the use of a Replacement Benchmark; andand (b) any or all of the following:
(i) aligning any provision of any Initial ACF Finance Security 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
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) Lender and the CompanySecurity Parties.
13.9.2 In this clause 13.9:
Appears in 1 contract
Sources: Loan Agreement (EuroDry Ltd.)