Common use of Additional Reserve Requirements Clause in Contracts

Additional Reserve Requirements. Borrower Parties shall pay to each Funding Party: (i) as long as such Funding Party 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 or Floating LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Floating 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 Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided Borrower Parties shall have received at least ten (10) days’ prior notice (with a copy to Administrative Agent) of such additional interest or costs from such Funding Party. If a Funding Party fails to give notice ten (10) days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) days from receipt of such notice.

Appears in 4 contracts

Samples: Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC)

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Additional Reserve Requirements. Borrower Parties shall pay to each Funding Party: (i) as long as such Funding Party 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 or Floating LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Floating 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 Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided Borrower Parties shall have received at least ten (10) daysBusiness Days’ prior notice (with a copy to Administrative Agent) of such additional interest or costs from such Funding Party. If a Funding Party fails to give notice ten (10) days Business Days’ prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) days Business Days’ from receipt of such notice.

Appears in 3 contracts

Samples: Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC)

Additional Reserve Requirements. Borrower Parties shall pay to each Funding Party: (i) as long as such Funding Party 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 or Floating LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Floating 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 Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided Borrower Parties shall have received at least ten (10) days' prior notice (with a copy to Administrative Agent) of such additional interest or costs from such Funding Party. If a Funding Party fails to give notice ten (10) days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) days from receipt of such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending LLC)

Additional Reserve Requirements. Borrower Parties shall pay to each Funding Party: (i) as long as such Funding Party 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 or Floating LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Floating 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 Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided Borrower Parties shall have received at least ten (10) days’ prior notice (with a copy to Administrative Agent) of such additional interest or costs from such Funding Party. If a Funding Party fails to give notice ten (10) days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) days from receipt of such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending LLC)

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Additional Reserve Requirements. Each Borrower Parties (subject to the proviso set forth below) shall pay to each Funding Lender Party: , (i) as long as such Funding Lender Party 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 or Floating LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Lender Party (as determined by such Funding Lender Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Lender Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Primary Currency Commitments or the Multi-Currency Commitments or the funding of the Eurocurrency Rate Loans or Floating 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 Primary Currency Commitment, Multi-Currency Commitment or Loan by such Funding Lender Party (as determined by such Funding Lender Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided that the liability of (i) each Borrowing Subsidiary shall be limited solely to such additional interest or amounts as are related to Loans made to or Letters of Credit or Competitive Letters of Credit issued to such Borrowing Subsidiary (or on such Borrowing Subsidiary’s behalf) and (ii) ACS shall be for such additional interest or amounts related to all Loans made to or Letters of Credit or Competitive Letters of Credit issued to all Borrowers, provided Borrower Parties further that ACS and the applicable Borrowing Subsidiary (if any) shall have received at least ten (10) 10 days’ prior notice (with a copy to the Administrative Agent) of such additional interest or costs from such Funding Lender Party. If a Funding Lender Party fails to give notice ten (10) 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) 10 days from receipt of such notice.

Appears in 1 contract

Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Affiliated Computer Services Inc)

Additional Reserve Requirements. Borrower Parties shall pay to each Funding Party: (i) as long as such Funding Party 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 or Floating LIBOR Rate Term SOFR Loan equal to the actual costs of such reserves allocated to such Loan by such Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), and (ii) as long as such Funding Party shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Floating LIBOR Rate Term SOFR 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 Funding Party (as determined by such Funding Party in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided Borrower Parties shall have received at least ten (10) daysBusiness Days’ prior notice (with a copy to Administrative Agent) of such additional interest or costs from such Funding Party. If a Funding Party fails to give notice ten (10) days Business Days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable ten (10) days Business Days from receipt of such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending VIII LLC)

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