Common use of Additional Interest on Eurodollar Rate Advances Clause in Contracts

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 19 contracts

Samples: Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp)

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Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such All claims for such additional interest shall be determined submitted by such Lender and notified to the Borrower through (with a copy to the Administrative Agent) as soon as is reasonably possible and in all events within 90 days after the first day of such Interest Period; provided, however, that if a claim is not submitted to the Borrower within such 90-day period, such Lender shall thereby waive its claim to such additional interest incurred during such 90-day period but not to any such additional interest incurred thereafter. A certificate as to the amount of such additional interest, submitted to the Borrower and (with a copy to the Agent Administrative Agent) by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 10 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower Company shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such All claims for such additional interest shall be determined submitted by such Lender and notified to the Borrower through Company (with a copy to the Administrative Agent) as soon as is reasonably possible and in all events within ninety days after the first day of such Interest Period; provided, however, that if a claim is not submitted to the Company within such ninety day period, such Lender shall thereby waive its claim to such additional interest incurred during such ninety-day period but not to any such additional interest incurred thereafter. A certificate as to the amount of such additional interest, submitted to the Borrower and Company (with a copy to the Agent Administrative Agent) by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 8 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s 's compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 7 contracts

Samples: Credit Agreement (Interstate Power & Light Co), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Eligible Lender, so long as such Eligible Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of , additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such LenderEligible Lender to the Borrower, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurodollar Rate for the Interest Period for such Eurodollar Rate Advance from (iib) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Eligible Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such additional interest shall be determined by such Eligible Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, interest submitted to the Borrower and the Agent by such Lender, Eligible Lender shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof . No Eligible Lender shall have been made by the right to recover any additional interest pursuant to this Section 2.16 for any period more than 90 days prior to the date such Eligible Lender in good faithnotifies the Borrower that additional interest may be charged pursuant to this Section 2.16.

Appears in 7 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower If any Lender shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances determine in good faith that are attributable to such Lender’s compliance with reserves under regulations of the Board of Governors of the Federal Reserve System requiring are required to be maintained by it in respect of, or a portion of its costs of maintaining reserves under such regulations is properly attributable to, one or more of its Eurodollar Rate Advances, the maintenance of reserves with respect Borrower shall pay to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each such Eurodollar Rate Advance of payable on the same day or days on which interest is payable on such Lender, from the date of such Advance until such principal amount is paid in fullA Advance, at an interest rate per annum equal up to but not exceeding at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the during each Interest Period for such A Advance from the excess of (iii) the rate obtained by dividing such the Eurodollar Rate for such Interest Period by a percentage equal to 100% minus the Eurodollar Reserve Percentage of Percentage, if any, for such Lender for such Interest Period over (ii) the Eurodollar Rate for such Interest Period. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurodollar Rate Advances of such Lender shall be payable on to such Lender at the place indicated in such notice with respect to each Interest Period commencing at least five Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on such Advance. Such additional interest shall be determined by the Eurodollar Rate Advances an officer's certificate setting forth the amount to which such Lender and notified to the Borrower through the Agent. A is then entitled under this Section, which certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 6 contracts

Samples: Short Term Revolving Credit Agreement (Burlington Resources Inc), Long Term Revolving Credit Agreement (Burlington Resources Inc), Short Term Revolving Credit Agreement (Burlington Resources Inc)

Additional Interest on Eurodollar Rate Advances. The Each Borrower shall pay to Agent for the account of each Lender any costs actually incurred by Bank, so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with Bank shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of , additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such LenderBank to such Borrower, from the date of such Revolving Credit Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurodollar Rate for the Interest Period for such Revolving Credit Advance from (iib) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender Bank for such Interest Period, payable on each date on which interest is payable on such Revolving Credit Advance. Such additional interest shall be determined by such Lender Bank and notified to the such Borrower through the Agent. A certificate as to the amount of such additional interest, interest submitted to the such Borrower and the Agent by such Lender, Bank shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof . No Bank shall have been made by the right to recover any additional interest pursuant to this Section 2.17 for any period more than 90 days prior to the date such Lender in good faithBank notifies such Borrower that additional interest may be charged pursuant to this Section 2.17.

Appears in 5 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Administrative Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that which are attributable to such Lender’s 's compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Administrative Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such A Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such A Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such A Advance. Such additional interest shall be determined by such Lender and notified to the Borrower through the Administrative Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Administrative Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 5 contracts

Samples: Credit Agreement (Commonwealth Edison Co), 364 Day Credit Agreement (Commonwealth Edison Co), Credit Agreement (Commonwealth Edison Co)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that which are attributable to such Lender’s 's compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such A Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such A Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such A Advance. Such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 4 contracts

Samples: Credit Agreement (Ies Utilities Inc), Credit Agreement (Ies Utilities Inc), Credit Agreement (Ies Utilities Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by Lender, so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to Liabilities (or the Agent for the account of such Lender in the form of equivalent), additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the then-current Interest Period for such Eurodollar Rate Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such Any Lender wishing to require payment of such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to so notify the Borrower and the Administrative Agent by and shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurodollar Rate Advances of such Lender, Lender a certificate (which certificate shall be conclusive and binding for all purposes, absent manifest error, provided that ) setting forth the determination thereof shall have been made by basis for such assertion and the amount to which such Lender in is then entitled under this Section (which shall be consistent with such Lender's good faithfaith estimate of the level at which the related reserves are being maintained by it).

Appears in 3 contracts

Samples: Five Year Credit Agreement (Becton Dickinson & Co), Five Year Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)

Additional Interest on Eurodollar Rate Advances. The Each Borrower shall pay to Agent for each Lender, so long as and to the account of each Lender any costs actually incurred by extent such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of liabilities, additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurodollar Rate for the applicable Interest Period for such Eurodollar Rate Advance from (iib) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is otherwise payable on such Eurodollar Rate Advance. Such Lender shall as soon as practicable provide notice to the Administrative Agent and the Borrowers of any such additional interest shall be determined by arising in connection with any such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interestEurodollar Rate Advance, submitted to the Borrower and the Agent by such Lender, which notice shall be conclusive and binding for all purposesbinding, absent manifest error; provided, however, that no Lender shall be entitled to additional interest on any Eurodollar Rate Advance pursuant to this Section 2.06(c) for any period occurring more than 90 days prior to the date that notice of such additional interest is first provided that the determination thereof shall have been made by such Lender in good faithto the Borrowers.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Black & Decker Corp), 364 Day Credit Agreement (Black & Decker Corp), Credit Agreement (Black & Decker Corp)

Additional Interest on Eurodollar Rate Advances. The Each Borrower shall pay to Agent for each Lender, so long as and to the account of each Lender any costs actually incurred by extent such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of liabilities, additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurodollar Rate for the applicable Interest Period for such Eurodollar Rate Advance from (iib) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is otherwise payable on such Eurodollar Rate Advance. Such Lender shall as soon as practicable provide notice to the Administrative Agent and the Borrowers of any such additional interest shall be determined by arising in connection with any such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interestEurodollar Rate Advance, submitted to the Borrower and the Agent by such Lender, which notice shall be conclusive and binding for all purposesbinding, absent manifest error; provided, however, that no Lender shall be entitled to additional interest on any Eurodollar Rate Advance pursuant to this Section 2.07(c) for any period occurring more than 90 days prior to the date that notice of such additional interest is first provided that the determination thereof shall have been made by such Lender in good faithto the Borrowers.

Appears in 3 contracts

Samples: Credit Agreement (Black & Decker Corp), Credit Agreement (Black & Decker Corp), Credit Agreement (Black & Decker Corp)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by Lender, so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to Liabilities (or the Agent for the account of such Lender in the form of equivalent), additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the then-current Interest Period for such Eurodollar Rate Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such Any Lender wishing to require payment of such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to so notify the Borrower and the Administrative Agent by and shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurodollar Rate Advances of such Lender, Lender a certificate (which certificate shall be conclusive and binding for all purposes, absent manifest error, provided that ) setting forth the determination thereof shall have been made by basis for such assertion and the amount to which such Lender in is then entitled under this Section (which shall be consistent with such Lender’s good faithfaith estimate of the level at which the related reserves are being maintained by it).

Appears in 2 contracts

Samples: Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)

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Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to each Lender (or to the Agent for the account of each Lender any costs actually incurred by such Lender) so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of , additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance; provided that the Borrower shall only be responsible for reserve costs incurred by a Lender not more than 270 days prior to the date on which such Lender notifies the Borrower thereof. Such additional interest shall be determined by such Lender and so notified to the Borrower through (with a copy to the Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made ) by such Lender shall be payable to such Lender (or to the Agent for the account of such Lender) on the dates specified for payment of interest for such Advance in good faithSection 3.06.

Appears in 2 contracts

Samples: Credit Agreement (Vicorp Restaurants Inc), Credit Agreement (Vicorp Restaurants Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Eligible Lender, so long as such Eligible Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of E-42 TABLE OF CONTENTS the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of , additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such LenderEligible Lender to the Borrower, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurodollar Rate for the Interest Period for such Eurodollar Rate Advance from (iib) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Eligible Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such additional interest shall be determined by such Eligible Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, interest submitted to the Borrower and the Agent by such Lender, Eligible Lender shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof . No Eligible Lender shall have been made by the right to recover any additional interest pursuant to this Section 2.16 for any period more than 90 days prior to the date such Eligible Lender in good faithnotifies the Borrower that additional interest may be charged pursuant to this Section 2.16.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such A Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such A Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such A Advance. Such All claims for such additional interest shall be determined submitted by such Lender and notified to the Borrower through (with a copy to the Administrative Agent) as soon as is reasonably possible and in all events within ninety days after the first day of such Interest Period; provided, however, that if a claim is not submitted to the Borrower within such ninety day period, such Lender shall thereby waive its claim to such additional interest incurred during such ninety-day period but not to any such additional interest incurred thereafter. A certificate as to the amount of such additional interest, submitted to the Borrower and (with a copy to the Agent Administrative Agent) by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Cp&l Energy Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by Lender, so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to Liabilities (or the Agent for the account of such Lender in the form of equivalent), additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the then-current Interest Period for such Eurodollar Rate Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such Any Lender wishing to require payment of such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to so notify the Borrower and the Administrative Agent by and shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurodollar Rate Advances of such Lender, Lender a certificate (which certificate shall be conclusive and binding for all purposes, absent manifest error, provided that ) setting forth the determination thereof shall have been made by basis for such assertion and the amount to which such Lender in is then entitled under this Section (which shall be consistent with such Lender's good faith.faith estimate of the level at which the related reserves are being maintained by it). Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Electric Lightwave Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower Company shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such A Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such A Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such A Advance. Such All claims for such additional interest shall be determined submitted by such Lender and notified to the Borrower through Company (with a copy to the Administrative Agent) as soon as is reasonably possible and in all events within ninety days after the first day of such Interest Period; provided, however, that if a claim is not submitted to the Company within such ninety day period, such Lender shall thereby waive its claim to such additional interest incurred during such ninety-day period but not to any such additional interest incurred thereafter. A certificate as to the amount of such additional interest, submitted to the Borrower and Company (with a copy to the Agent Administrative Agent) by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Progress Energy Inc)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to the Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to the Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Alliant Energy Corp)

Additional Interest on Eurodollar Rate Advances. The Each Borrower shall pay to Agent for the account of each Lender any costs actually incurred by such Lender with respect to Eurodollar Rate Advances made to such Borrower that are attributable to such Lender’s compliance with regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to the Agent for the account of such Lender in the form of additional interest on the unpaid principal amount of each Eurodollar Rate Advance of made to such Borrower by such Lender, from the date of such Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the Interest Period for such Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Advance. Such additional interest shall be determined by such Lender and notified to the such Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to the such Borrower and the Agent by such Lender, shall be conclusive and binding for all purposes, absent manifest error, provided that the determination thereof shall have been made by such Lender in good faith.

Appears in 1 contract

Samples: Master Credit Agreement (Wisconsin Power & Light Co)

Additional Interest on Eurodollar Rate Advances. The Borrower shall pay to Agent for the account of each Lender any costs actually incurred by Lender, so long as such Lender with respect to Eurodollar Rate Advances that are attributable to such Lender’s compliance with shall be required under regulations of the Board of Governors of the Federal Reserve System requiring the maintenance of to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities. Such costs shall be paid to Liabilities (or the Agent for the account of such Lender in the form of equivalent), additional interest on the unpaid principal amount of each Eurodollar Rate Advance of such Lender, from the date of such Eurodollar Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurodollar Rate for the then current Interest Period for such Eurodollar Rate Advance from (ii) the rate obtained by dividing such Eurodollar Rate by a percentage equal to 100% minus the Eurodollar Rate Reserve Percentage of such Lender for such Interest Period, payable on each date on which interest is payable on such Eurodollar Rate Advance. Such Any Lender wishing to require payment of such additional interest shall be determined by such Lender and notified to the Borrower through the Agent. A certificate as to the amount of such additional interest, submitted to so notify the Borrower and the Administrative Agent by and shall furnish to the Borrower at least three Business Days prior to each date on which interest is payable on the Eurodollar Rate Advances of such Lender, Lender a certificate (which certificate shall be conclusive and binding for all purposes, absent manifest error, provided that ) setting forth the determination thereof shall have been made by basis for such assertion and the amount to which such Lender in good faithis then entitled under this Section.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Sci Systems Inc)

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