Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents or the Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Related Documents, or (3) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Documents, the Indebtedness, or any class of loans of which the Indebtedness forms a part, and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining the Indebtedness or issuing Credits, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Indebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from Borrower hereunder, then, and in each such case, Borrower will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing interest or others sum.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which the Indebtedness any Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from Borrower the Borrowers hereunder, then, and in each such case, Borrower the Borrowers will, upon demand made by the Bank Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts as will be sufficient to compensate the Bank Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank Lender any other conditions or requirements re quirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which the Indebtedness any Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from the Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts as will be sufficient to compensate the Bank Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, Credit Agreement or the other Related Loan Documents or the Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Banka Lender or taxes in lieu thereof), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank any Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank any Lender under this Credit Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Credit Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Banka Lender, or
(4d) impose on the Bank any Lender any other conditions or requirements with respect to this Loan Credit Agreement, the other Related Loan Documents, the IndebtednessLoans, or any class of loans or commitments of which any of the Indebtedness Loans forms a part, ; and the result of any of the foregoing is:
(i) to increase the cost to the Bank such Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank such Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank such Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by such Lender from the Bank from Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank such Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum. Such Lender shall allocate such cost increases among its customers in good faith and on an equitable basis.
Appears in 1 contract
Samples: Subordinated Loan Agreement (Cyalume Technologies Holdings, Inc.)
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not only if having the force of law), shall:
(1a) subject the Bank Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loan (other than taxes based upon or measured by the revenue, income or profits of the BankLender or franchise or doing business taxes), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profitsprofits or franchise or doing business taxes) of payments to the Bank Lender of the principal of or the interest on the Indebtedness of any Loan or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not only if having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which any of the Indebtedness Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoan, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank Lender hereunder on account of such any of the IndebtednessLoan, or
(iii) to require the Bank Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from the Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts as will be sufficient to compensate the Bank Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum; provided, however, (i) any payment of such additional amounts shall be without prepayment penalty or premium and (ii) the Borrower shall not be required to pay the additional amounts if within sixty (60) days of written demand thereof from the Lender to the Borrower, the Borrower pays in full the Obligations, as to which payment there shall be no prepayment penalty or premium.
Appears in 1 contract
Samples: Loan Agreement (Nantucket Island Associates Limited Partnership)
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents or the Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Related Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or
(4d) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Documents, the Indebtedness, or any class of loans of which the Indebtedness forms a part, and the result of any of the foregoing is:
(i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining the Indebtedness or issuing CreditsIndebtedness, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Indebtedness, or
(iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from Borrower Borrowers hereunder, then, and in each such case, Borrower Borrowers will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing receipt of interest or others sumsum payable hereunder.
Appears in 1 contract
Samples: Loan Agreement (Compressco Inc)
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents or the Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Related Documents, or
(3) impose or increase or render applicable (other than to the extent specifically specifically, provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or
(4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Documents, the Indebtedness, or any class of loans of which the Indebtedness forms a part, and the result of any of the foregoing is
(i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining the Indebtedness or issuing CreditsIndebtedness, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Indebtedness, or
(iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from Borrower Debtor hereunder, then, and in each such case, Borrower Debtor will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing interest or others sum.
Appears in 1 contract
Samples: Loan Agreement (Fair Grounds Corp)
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank any Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank any Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which the Indebtedness any Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by such Lender from the Bank from Borrower Borrowers hereunder, then, and in each such case, Borrower the Borrowers will, upon demand made by the Bank such Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum, provided such Lender furnishes the Lead Borrower and the Administration Agent with a copy of such request together with an explanation therefor and such Lender makes such request consistent with its practices relative to similar borrowers.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loan (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of Loan or any other amounts payable to the Bank under this Agreement or any of the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or letters of credit issued by, or commitments of an office of the Bank, or
(4d) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans loans, letters of credit or commitments of which the Indebtedness Loan forms a part, and the result of any of the foregoing is
(i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining the Indebtedness or issuing CreditsLoan, or
(ii) to reduce the amount of principal, interest interest, or other amount payable to the Bank hereunder on account of such the IndebtednessLoan, or
(iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1) subject the Bank Lender to any prospective tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Loan Documents or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), ; or
(2) prospectively materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, ; or
(3) prospectively impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, Lender; or
(4) prospectively impose on the Bank Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoans, or any class of loans or commitments of which any of the Indebtedness Loans forms a part, . and the result of any of the foregoing is
(i1) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing Credits, Loans; or
(ii2) to reduce the amount of principal, interest or other amount payable to the Bank such Lender hereunder on account of such the Indebtedness, Loans; or
(iii3) to require the Bank such Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from the Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts as will be sufficient to compensate the Bank Lender for such prospective additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Microfluidics International Corp)
Additional Costs, Etc. If any present or future applicable law, which ---------- ----- --- expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents or Loan Documents, the Indebtedness Total Commitment, the Loans (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal or of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of of, an office of the Bank, or
(4d) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoans, the Total Commitment, or any class of loans or commitments of which any of the Indebtedness Loans or the Total Commitment forms a part, and the result of any of the foregoing is
(i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining the Indebtedness Loans, or issuing Credits, orthe Total Commitment;
(ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the IndebtednessTotal Commitment, oror the Loans;
(iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, the Borrower will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing foregone interest or others sumother sum (after the Bank shall have allocated the same fairly and equitably among all customers of any class generally affected thereby).
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, the Commitment or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or
(4d) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoans, the Commitment, or any class of loans or commitments of which any of the Indebtedness Loans or the Commitment forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness Loans or issuing Creditsthe Commitment, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the IndebtednessCommitment or any of the Loans, or
(iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arisetime, pay to the Bank such additional amounts as set forth in the Certificate, which will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank any Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank any Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which the Indebtedness any Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by such Lender from the Bank from Borrower Borrowers hereunder, then, and in each such case, Borrower the Borrowers will, upon demand made by the Bank such Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum, provided such Lender furnishes the Lead Borrower and the Administrative Agent with a copy of such request together with an explanation therefor and such Lender makes such request consistent with its practices relative to similar borrowers .
Appears in 1 contract
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1) : subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the Bank), or
(2) ; or materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank under this Agreement or the other Related Loan Documents, or
(3) ; or impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or
(4) ; or impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoans, or any class of loans or commitments of which any of the Indebtedness Loans forms a part, ; and the result of any of the foregoing is
(i) is to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness Loans; or issuing Credits, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such any of the Indebtedness, or
(iii) Loans; or to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from Borrower the Company hereunder, then, and in each such case, Borrower the Company will, upon demand made by the Bank at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such additional amounts as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Samples: Term Loan and Acquisition Line Agreement (Watson General Corp)
Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:
(1a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Related Documents Loan Documents, or the Indebtedness Loans (other than taxes based upon or measured by the revenue, income or profits of the BankLender), or
(2b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank any Lender of the principal of or the interest on the Indebtedness of any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Related Loan Documents, or
(3c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or
(4d) impose on the Bank any Lender any other conditions or requirements with respect to this Loan Agreement, the other Related Loan Documents, the IndebtednessLoan, or any class of loans or commitments of which the Indebtedness any Loan forms a part, ; and the result of any of the foregoing is
(i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Indebtedness or issuing CreditsLoans, or
(ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of such any of the IndebtednessLoans, or
(iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by such Lender from the Bank from Borrower Borrowers hereunder, then, and in each such case, Borrower the Borrowers will, upon demand made by the Bank such Lender at any time and from time to time and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregoing foregone interest or others other sum.
Appears in 1 contract
Samples: Loan and Security Agreement (Dynamics Research Corp)