Common use of Additional Costs in Respect of Letters of Credit Clause in Contracts

Additional Costs in Respect of Letters of Credit. If as a result of any Change in Law there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing Bank, the Borrower agrees to pay the Issuing Bank, from time to time as specified by the Issuing Bank, such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If as a result of any Regulatory Change in Law there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon within thirty (30) days after written demand by the Issuing Bank, the Borrower agrees to pay the to Issuing Bank, Bank from time to time as specified by the Issuing Bank, such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to in reasonable detail describing such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the BorrowerBorrower with such written demand, shall shall, absent manifest error, be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If Except in the case of increased cost attributable to the imposition of taxes as to which the Company's liability is governed by Section 5.04(a), if as a result of any Change change after the date of the amendment and restatement hereof in Law applicable law or regulation or in the interpretation thereof by any Governmental Authority there shall be imposed, modified, modified or deemed applicable any tax, reserve, special deposit, capital adequacy requirement or similar requirement other requirements against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or by the Issuing Bank’s commitment to issue Letters of Credit hereunder, Bank hereunder and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder hereunder, or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), thenthe Company shall, upon demand by the Issuing Bank, the Borrower agrees pay to pay the Issuing Bank, Bank within 10 days of such written demand such additional amounts as the Issuing Bank from time to time specifies as specified by the Issuing Bank, such additional amounts as shall be sufficient necessary to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basisamounts receivable.

Additional Costs in Respect of Letters of Credit. If as a result If, after the date hereof, there shall occur the adoption of any Change applicable law, rule, or regulation, or any change therein, or any change in Law the interpretation or administration thereof by any Governmental Authority, central bank, or comparable agency charged with the interpretation or administration thereof, or compliance by Lender with any request or directive (whether or not having the force of law) of any such authority, central bank, or comparable agency there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing BankLender’s commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing BankLender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing BankLender, the Borrower agrees to pay the Issuing Bankto Lender, from time to time as specified by the Issuing BankLender, such additional amounts as shall be sufficient to compensate the Issuing Bank Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing BankLender, submitted by the Issuing Bank Lender to the Borrower, shall be conclusive as to the amount thereof, ; provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If as a result of any Regulatory Change in Law there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s 's commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing Bank, the Borrower agrees to pay the Issuing Bank, from time to time as specified by the Issuing Bank, such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If as a result of any Regulatory Change in Law there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s 's commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing Bank, the Borrower agrees to pay the Issuing Bank, from time to time as specified by the Issuing Bank, Bank such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If as a result of any Change in Law there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s 's commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing Bank, the Borrower agrees to pay the Issuing Bank, from time to time as specified by the Issuing Bank, such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, provided that the determination thereof is made on a reasonable basis.

Additional Costs in Respect of Letters of Credit. If as a result If, after the date hereof, there shall occur the adoption of any Change applicable law, rule, or regulation, or any change therein, or any change in Law the interpretation or administration thereof by any governmental authority, central bank, or comparable agency charged with the interpretation or administration thereof, or compliance by Lender with any request or directive (whether or not having the force of law) of any such authority, central bank, or comparable agency there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing BankLender’s commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing BankLender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing BankLender, the Borrower agrees to pay the Issuing Bankto Lender, from time to time as specified by the Issuing BankLender, such additional amounts as shall be sufficient to compensate the Issuing Bank Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing BankLender, submitted by the Issuing Bank Lender to the Borrower, shall be conclusive as to the amount thereof, ; provided that the determination thereof is made on a reasonable basis.”

Additional Costs in Respect of Letters of Credit. If as a result If, after the date hereof, there shall occur the adoption of any Change applicable law, rule, or regulation, or any change therein, or any change in Law the interpretation or administration thereof by any governmental authority, central bank, or comparable agency charged with the interpretation or administration thereof, or compliance by Bank with any request or directive (whether or not having the force of law) of any such authority, central bank, or comparable agency there shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Issuing Bank’s commitment to issue Letters of Credit hereunder, and the result shall be to increase the cost to the Issuing Bank of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Issuing Bank hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, shall be the result of the Issuing Bank’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Issuing Bank, the Borrower agrees to pay the Issuing to Bank, from time to time as specified by the Issuing Bank, such additional amounts as shall be sufficient to compensate the Issuing Bank for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Issuing Bank, submitted by the Issuing Bank to the Borrower, shall be conclusive as to the amount thereof, ; provided that the determination thereof is made on a reasonable basis.”