Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan; provided the Company shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Monster Worldwide Inc), Credit Agreement (Monster Worldwide Inc)
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement (other than those compensated through Mandatory Costs) of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company shall have received at least 10 15 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Idex Corp /De/), Amendment No. 2 to Amended and Restated Credit Agreement (Idex Corp /De/)
Additional Reserve Requirements. The Company Xxxxxxxxx shall pay (or cause the applicable Designated Subsidiary Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Xxxxxxxxx shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 days from receipt of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of the FRB or any other central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Revolving Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Revolving Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Revolving Loan; , provided the Company shall have received at least 10 ten (10) days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 ten (10) days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 ten (10) days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company Borrower shall pay (or cause the applicable Designated Borrower to pay) to each LenderLender (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive), and (ii) as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs of such reserves allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan; provided that the Company Borrower shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If Lender if a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (Intersil Corp/De)
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or BBSY Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; provided that the Company shall have received at least 10 ten (10) days’ prior notice (with a copy to the applicable Facility Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 ten (10) days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 ten (10) days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (MULTI COLOR Corp)
Additional Reserve Requirements. The Company To the extent not already reflected in the calculation of any interest rate, the Borrower shall pay (or cause the applicable Designated Borrower to pay) to each Lender, Lender as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Term Loan Commitments or the funding of the Eurocurrency Eurodollar Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment Term Loan Commitments or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Borrower shall have received at least 10 days’ ' prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of the FRB or any other central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company shall have received at least 10 ten (10) days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 ten (10) days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 ten (10) days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan; , provided the Company shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, Lender as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Eurodollar Rate Loans, such additional costs (expressed as a percentage per annum and 107 #47923322 rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; provided that the Company shall have received at least 10 ten (10) days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 ten (10) days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 ten (10) days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (Greif Inc)
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments its Commitment or the funding of the Eurocurrency Rate LoansLoans or the maintenance of Eurocurrency Rate Segments, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error)conclusive, which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (Kyphon Inc)
Additional Reserve Requirements. The Company Borrower shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement (other than those comprised of Mandatory Costs) of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Borrower shall have received at least 10 15 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The To the extent not already reflected in the calculation of any interest rate, the Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or LIBOR Daily Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan; provided the Company shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such If any Lender shall be is required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority Governmental Authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Term Benchmark Rate Loans or Daily Benchmark Rate Loans, the Company shall pay (or cause the Designated Borrower to pay) to such Lender such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest in the absence of demonstrable error), which shall be due and payable on each date on which interest is payable on such Loan; , provided that the Company Borrowers shall have received at least 10 15 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company Borrower shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking the Bank of England, the Financial Services Authority (or financial regulatory authority successor thereto) or the European Central Bank imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency LIBOR Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faithfaith consistent with customary market practice, which determination shall be conclusive conclusive, absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Borrower shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such If any Lender shall be is required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority Governmental Authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate LoansLoans (other than the Eurocurrency Reserve Percentage), the Company shall pay (or cause the Designated Borrower to pay) to such Lender such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest in the absence of demonstrable error), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Borrowers shall have received at least 10 15 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such If any Lender shall be is required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority Governmental Authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency EurocurrencyTerm Benchmark Rate Loans, the Company shall pay (or cause the Designated Borrower to pay) to such Lender such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest in the absence of demonstrable error), which shall be due and payable on each date on which interest is payable on such Loan; , provided that the Company Borrowers shall have received at least 10 15 days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such If any Lender shall be is required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority Governmental Authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate LoansLoans (other than the Eurocurrency Reserve Percentage), the Company shall pay (or cause the Designated Borrower to pay) to such Lender such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest in the absence of demonstrable error), which shall be due and payable on each date on which interest is payable on such Loan; , provided the Company Borrowers shall have received at least 10 15 days’ ' prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 15 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 15 days from receipt of such notice.
Appears in 1 contract
Additional Reserve Requirements. The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed after the date hereof in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as reasonably determined by such Lender in good faith, which determination shall be conclusive absent manifest error)conclusive, which shall be due and payable on each date on which interest is payable on such Loan; provided the Company shall have received at least 10 daysBusiness Days’ prior notice (with a copy to the Administrative Agent) of such additional costs from such Lender. If a Lender fails to give notice 10 days Business Days prior to the relevant Interest Payment Date, such additional costs shall be due and payable 10 days Business Days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (Mastec Inc)