Common use of Additional Reserve Costs Clause in Contracts

Additional Reserve Costs. (a) If and so long as any Lender is required to make special deposits, to maintain reserve asset, liquidity or cash margin ratios, to pay fees or comply with other requirements (but for the avoidance of doubt excluding requirements contemplated by Section 2.14(e)) of the Bank of England, the Financial Services Authority of the United Kingdom or the European Central Bank, in each case in respect of such Lender’s Eurodollar Loans in any Alternative Currency and pursuant to such requirements, such Lender may require each applicable Borrower to pay, contemporaneously with each payment of interest on each of such Loans, additional interest on such Loan at a rate per annum equal to the Mandatory Cost calculated in accordance with Schedule 2.20 hereto. (b) Each Lender shall, in consultation with the applicable Borrower, take all reasonable steps as may be available to it to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to the Mandatory Cost including (but not limited to) transferring its rights and obligations under this Agreement to another Affiliate or office or offices through which it will perform its obligations under this Agreement; provided, that any such Lender will not be required to take any such action if to do so would, in the judgment of such Lender, be reasonably expected to have an adverse effect on its business, operations or financial condition, cause it to incur liabilities or obligations or reduce its return in relation to its participations in the Loans. (c) Each Lender shall supply the applicable Administrative Agent with any information required by the applicable Administrative Agent in order to calculate the Mandatory Cost.

Additional Reserve Costs. (a) If and so long as any Lender is required to make special deposits, to maintain reserve asset, liquidity or cash margin ratios, to pay fees or comply deposits with other requirements (but for the avoidance of doubt excluding requirements contemplated by Section 2.14(e)) of the Bank of England, the Financial Services Authority of the United Kingdom to maintain reserve asset ratios or the European Central Bankto pay fees, in each case in respect of such Lender’s Eurodollar Loans in any Alternative Currency and pursuant to such requirements's Loans, such Lender may require each applicable the relevant Borrower to pay, contemporaneously with each payment of interest on each of such Loans, additional interest on such Loan Loans at a rate per annum equal to the Mandatory Cost Costs Rate calculated in accordance with the formula and in the manner set forth in Schedule 2.20 hereto1.1(d). (b) Each If and so long as any Lender shallis required to comply with reserve assets, liquidity, cash margin or other requirements of any monetary or other authority (including any such requirement imposed by the European Central Bank or the European System of Central Banks, but excluding requirements reflected in consultation with the applicable Borrower, take all reasonable steps as may be available to it to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to the Mandatory Cost including (but not limited toCosts Rate) transferring its rights and obligations under this Agreement to another Affiliate or office or offices through which it will perform its obligations under this Agreement; provided, that in respect of any such Lender will not be required to take any such action if to do so would, in the judgment of such Lender's Loans, such Lender may require the relevant Borrower to pay, contemporaneously with each payment of interest on each of such Lender's Loans subject to such requirements, additional interest on such Loans at a rate per annum specified by such Lender to be reasonably expected the cost to have an adverse effect on its business, operations or financial condition, cause it to incur liabilities or obligations or reduce its return such Lender of complying with such requirements in relation to its participations in the such Loans. (c) Each Any additional interest owed pursuant to paragraphs (a) or (b) above shall be determined by the relevant Lender, acting in good faith, which determination shall be conclusive absent manifest error, and notified to the relevant Borrower (with a copy to the Administrative Agent) at least five (5) Business Days before each date on which interest is payable for the relevant Loans, and such additional interest so notified to the relevant Borrower by such Lender shall supply the applicable Administrative Agent with any information required by the applicable Administrative Agent in order be payable to calculate the Mandatory Costsuch Lender on each date on which interest is payable for such Loans.

Additional Reserve Costs. (a) If and For so long as any Lender is required to make special deposits, to maintain reserve asset, liquidity or cash margin ratios, to pay fees deposits with the Bank of England or comply with reserve assets, liquidity, cash margin or other requirements (but for the avoidance of doubt excluding requirements contemplated by Section 2.14(e)) of the Bank of England, the Financial Services Authority of the United Kingdom to maintain reserve asset ratios or the European Central Bankto pay fees, in each case in respect of such Lender’s Eurodollar Eurocurrency Loans in any Alternative or Foreign Currency and pursuant to such requirementsLetters of Credit, such Lender may shall be entitled to require each the applicable Borrower to pay, contemporaneously with -62- (b) For so long as any Lender is required to comply with reserve assets, liquidity, cash margin or other requirements of any monetary or other authority (including any such requirement imposed by the European Central Bank or the European System of Central Banks, but excluding requirements reflected in the Statutory Reserves or the Mandatory Costs Rate) in respect of any of such Lender’s Eurocurrency Loans and Foreign Currency Letters of Credit, such Lender shall be entitled to require the applicable Borrower to pay, contemporaneously with each payment of interest on each of such LoansLender’s Loans and Letters of Credit subject to such requirements, additional interest on such Loan and/or Letter of Credit at a rate per annum equal to the Mandatory Cost calculated in accordance with Schedule 2.20 hereto. (b) Each Lender shall, in consultation with the applicable Borrower, take all reasonable steps as may be available to it to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to the Mandatory Cost including (but not limited to) transferring its rights and obligations under this Agreement to another Affiliate or office or offices through which it will perform its obligations under this Agreement; provided, that any specified by such Lender will not to be required the cost to take any such action if to do so would, in the judgment Lender of complying with such Lender, be reasonably expected to have an adverse effect on its business, operations or financial condition, cause it to incur liabilities or obligations or reduce its return requirements in relation to its participations in the Loanssuch Loan and/or Letter of Credit. (c) Each Lender Any additional interest owed pursuant to paragraph (a) or (b) above shall supply the applicable Administrative Agent with any information required be determined by the applicable Lender, which determination shall be conclusive absent manifest error, and notified to the applicable Borrower (with a copy to the Administrative Agent) at least five Business Days before each date on which interest is payable for the applicable Loan or Letter of Credit, and such additional interest so notified to the applicable Borrower by such Lender shall be payable to the Administrative Agent in order to calculate for the Mandatory Costaccount of such Lender on each date on which interest is payable for such Loan or Letter of Credit.

Additional Reserve Costs. (a) If and so long as 1. In the case of any Lender is required to make special deposits, to maintain reserve asset, liquidity or cash margin ratios, to pay fees or comply with other requirements (but for the avoidance of doubt excluding requirements contemplated by Section 2.14(e)) of the Bank of England, the Financial Services Authority of making an Approved Currency Revolving Loan from a Lending Office in the United Kingdom or the European Central Bank, in each case in respect of such Lender’s Eurodollar Loans in any Alternative Currency and pursuant to such requirementsa Participating Member State, such Lender may shall be entitled to require each applicable the Borrower to pay, contemporaneously with each payment of interest on each of such Loans, additional interest on such Loan at a rate per annum equal to the Mandatory Cost Rate calculated in accordance with the formula and in the manner set forth in Schedule 2.20 3.08 hereto. 2. For so long as any Lender is required to comply with reserve assets, liquidity, cash margin or other requirements of any monetary or other authority (including any such requirement imposed by the European Central Bank, the European System of Central Banks or the Bank of Canada, but excluding requirements reflected in the Statutory Reserves or the Mandatory Cost Rate) in respect of any of such Lender’s Eurodollar Rate Loans, such Lender shall be entitled to require the Borrower to pay, contemporaneously with each payment of interest on each of such Lender’s Loans subject to such requirements, additional interest on such Loan at a rate per annum specified by such Lender to be the cost to such Lender of complying with such requirements in relation to such Loan. 3. Any additional interest owed pursuant to paragraph (a) or (b) Each Lender shall, above shall be determined in consultation with the applicable Borrower, take all reasonable steps as may be available to it to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to the Mandatory Cost including (but not limited to) transferring its rights and obligations under this Agreement to another Affiliate or office or offices through which it will perform its obligations under this Agreement; provided, that any such Lender will not be required to take any such action if to do so would, in the judgment of such Lender, be reasonably expected to have an adverse effect on its business, operations or financial condition, cause it to incur liabilities or obligations or reduce its return in relation to its participations in the Loans. (c) Each Lender shall supply the applicable Administrative Agent with any information required detail by the applicable Lender, which determination shall be conclusive absent manifest error, and notified to the Borrower (with a copy to the Administrative Agent) at least five Business Days before each date on which interest is payable for the applicable Loan, and such additional interest so notified to the Borrower by such Lender shall be payable to the Administrative Agent in order to calculate for the Mandatory Costaccount of such Lender on each date on which interest is payable for such Loan.

Additional Reserve Costs. (a) If and so long as any Lender is required to make special deposits, to maintain reserve asset, liquidity or cash margin ratios, to pay fees or comply with other requirements (but for the avoidance of doubt excluding requirements contemplated by Section 2.14(e)) of the Bank of England, the Financial Services Authority of the United Kingdom or the European Central Bank, in each case in respect of such Lender’s Eurodollar Loans in any Alternative Currency and pursuant to such requirements, such Lender may require each applicable Borrower to pay, contemporaneously with each payment of interest on each of such Loans, additional interest on such Loan at a rate per annum equal to the Mandatory Cost calculated in accordance with Schedule 2.20 hereto. (b) Each Lender shall, in consultation with the applicable Borrower, take all reasonable steps as may be available to it to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to the Mandatory Cost including (but not limited to) transferring its rights and obligations under this Agreement to another Affiliate or office or offices through which it will perform its obligations under this Agreement; provided, that any such Lender will not be required to take any such action if to do so would, in the judgment of such Lender, be reasonably expected to have an adverse effect on its business, operations or financial condition, cause it to incur liabilities or obligations or reduce its return in relation to its participations in the Loans. (c) Each Lender shall supply the applicable Administrative Agent with any information required by the applicable Administrative Agent in order to calculate the Mandatory Cost.. Table of Contents