Common use of Change in Applicable Laws, Regulations, etc Clause in Contracts

Change in Applicable Laws, Regulations, etc. If any Legal Requirement shall make it unlawful for any Lender to fund through the purchase of US dollar deposits any LIBOR Portion or to fund by obtaining the applicable Eurocurrency, or otherwise to give effect to its obligations as contemplated hereby, or shall impose on any Lender any costs based on or measured by the excess above a specified level of the amount of a category of deposits or other liabilities of any Lender which includes deposits by reference to which the LIBOR Rate or the Eurocurrency Rate is determined as provided herein or a category of extensions of credit or other assets of any Lender which includes any LIBOR Portion or any Eurocurrency Loan or shall impose on any Lender any restrictions on the amount of such a category of liabilities or assets which such Lender may hold, (a) the Lenders by notice thereof to the Borrower may terminate the LIBOR Option or the Borrower’s ability to borrow Eurocurrency, as applicable, (b) any LIBOR Portion or any Eurocurrency Loan subject thereto shall immediately bear interest thereafter at the rate provided for (with respect to Revolving Credit Loans not subject to a LIBOR Option or which is not a Eurocurrency Loan) in subsection 1.4, and (c) the Borrower shall indemnify the Lenders against any loss, penalty or expense incurred by the Lenders by reason of the liquidation or redeployment of deposits or other funds acquired by the Lenders, to fund or maintain such LIBOR Portion or such Eurocurrency Loan, as applicable, if and to the extent such loss, penalty or expense is caused by the nature of the business of the Borrower and its Subsidiaries or the locations and jurisdictions where the Borrower or its Subsidiaries are operating. Promptly after becoming aware of the occurrence of any event or condition described in this subsection 2.5, the affected Lender(s) shall give written notice thereof to the Borrower and shall provide reasonable details setting forth the basis for its determination and such other information as shall be reasonably requested by Borrower to confirm the affected Lenders’ determination and computations. A certificate of an officer of such Lender setting forth the amount of such loss, penalty or expense, and the basis therefor shall, in the absence of manifest error, be conclusive.

Change in Applicable Laws, Regulations, etc. If any Legal Requirement shall make it unlawful for any Lender to fund through the purchase of US U.S. dollar deposits any LIBOR Portion or to fund by obtaining the applicable EurocurrencyPortion, or otherwise to give effect to its obligations as contemplated hereby, under this subsection 2.6(B) or shall impose on any Lender any costs based on or measured by the excess above a specified level of the amount of a category of deposits or other liabilities of any Lender which includes deposits by reference to which the LIBOR Rate or the Eurocurrency Based Rate is determined as provided herein or a category of extensions of credit or other assets of any Lender which includes any LIBOR Portion or any Eurocurrency Loan Portion, or shall impose on Lender any restrictions on the amount of such a category of liabilities or assets of Lender which includes any LIBOR Portion, or shall impose on Lender any restrictions on the amount of such a category of liabilities or assets which such Lender may hold, (ai) the Lenders Lender may by notice thereof to the Borrower may Xxxxxx prospectively terminate the LIBOR Option Option, with respect to Loans made or the Borrower’s ability to borrow Eurocurrency, as applicablebe made by Lender, (bii) any LIBOR Portion or any Eurocurrency Loan of Lender’s Loans subject thereto shall immediately bear interest thereafter at the rate Prime Based Rate payable on the dates provided for (with respect to Revolving Credit Loans not subject to a LIBOR Option or which is not a Eurocurrency Loan) in subsection 1.42.6(E)(1), and (ciii) the Borrower shall indemnify the Lenders Lender against any loss, penalty or expense incurred by the Lenders Lender by reason of the liquidation or redeployment of deposits or other funds acquired by the Lenders, Lender to fund or maintain such LIBOR Portion or such Eurocurrency Loan, as applicable, if and to the extent such loss, penalty or expense is caused by the nature of the business of the Borrower and its Subsidiaries or the locations and jurisdictions where the Borrower or its Subsidiaries are operating. Promptly after becoming aware of the occurrence of any event or condition described in this subsection 2.5, the affected Lender(s) shall give written notice thereof to the Borrower and shall provide reasonable details setting forth the basis for its determination and such other information as shall be reasonably requested by Borrower to confirm the affected Lenders’ determination and computations. A certificate of an officer of such Lender setting forth the amount of such loss, penalty or expense, and the basis therefor shall, in the absence of manifest error, be conclusivePortion.

Change in Applicable Laws, Regulations, etc. If any Legal Requirement shall ----------------------------------------------- make it unlawful for any Lender the Agent to fund through the purchase of US U.S. dollar deposits any LIBOR Portion or to fund by obtaining the applicable EurocurrencyPortion, or otherwise to give effect to its obligations as contemplated hereby, or shall impose on any Lender any costs based on or measured by the excess above a specified level of the amount of a category of deposits or other liabilities of any such Lender which includes deposits by reference to which the LIBOR Rate or the Eurocurrency Rate is determined as provided herein or a category of extensions of credit or other assets of any such Lender which includes any LIBOR Portion or any Eurocurrency Loan Portion, or shall impose on any Lender any restrictions on the amount of such a category of liabilities or assets which such Lender may hold, (ai) the Lenders Agent by notice thereof to the Borrower Company may terminate the LIBOR Option or the Borrower’s ability to borrow Eurocurrency, as applicableOption, (bii) any LIBOR Portion or any Eurocurrency Loan subject thereto shall immediately bear interest thereafter at the rate provided for (with respect to Revolving Credit Loans not subject to a LIBOR Option or which is not a Eurocurrency LoanOption) in subsection 1.4---------- 1.3, and (ciii) the Borrower Company shall indemnify the Agent and the Lenders against any --- loss, penalty or expense incurred by the Lenders Agent or any Lender by reason of the liquidation or redeployment of deposits or other funds acquired by the LendersLender, to fund or maintain such LIBOR Portion or such Eurocurrency Loan, as applicable, if and to the extent such loss, penalty or expense is caused by the nature of the business of the Borrower and its Subsidiaries or the locations and jurisdictions where the Borrower or its Subsidiaries are operating. Promptly after becoming aware of the occurrence of any event or condition described in this subsection 2.5, the affected Lender(s) shall give written notice thereof to the Borrower and shall provide reasonable details setting forth the basis for its determination and such other information as shall be reasonably requested by Borrower to confirm the affected Lenders’ determination and computationsCompany. A certificate of an officer of such any Lender setting forth the amount of such loss, penalty or expense, and the basis therefor shall, in the absence of manifest error, be conclusive.

Change in Applicable Laws, Regulations, etc. If any Legal Requirement shall make it unlawful for any Lender to fund through the purchase of US dollar deposits any LIBOR Portion or to fund by obtaining the applicable EurocurrencyPortion, or otherwise to give effect to its obligations as contemplated hereby, or shall impose on any Lender any costs based on or measured by the excess above a specified level of the amount of a category of deposits or other liabilities of any Lender which includes deposits by reference to which the LIBOR Rate or the Eurocurrency Rate is determined as provided herein or a category of extensions of credit or other assets of any Lender which includes any LIBOR Portion or any Eurocurrency Loan Portion, or shall impose on any Lender any restrictions on the amount of such a category of liabilities or assets which such Lender may hold, (a) the Lenders by notice thereof to the Borrower may terminate the LIBOR Option or the Borrower’s ability to borrow Eurocurrency, as applicableOption, (b) any LIBOR Portion or any Eurocurrency Loan subject thereto shall immediately bear interest thereafter at the rate provided for (with respect to Revolving Credit Loans not subject to a LIBOR Option or which is not a Eurocurrency LoanOption) in subsection 1.4, and (c) the Borrower shall indemnify the Lenders against any loss, penalty or expense incurred by the Lenders by reason of the liquidation or redeployment of deposits or other funds acquired by the Lenders, to fund or maintain such LIBOR Portion or such Eurocurrency Loan, as applicable, if and to the extent such loss, penalty or expense is caused by the nature of the business of the Borrower and its Subsidiaries or the locations and jurisdictions where the Borrower or its Subsidiaries are operating. Promptly after becoming aware of the occurrence of any event or condition described in this subsection 2.5, the affected Lender(s) shall give written notice thereof to the Borrower and shall provide reasonable details setting forth fourth the basis for its determination and such other information as shall be reasonably requested by Borrower to confirm the affected Lenders’ determination and computations. A certificate of an officer of such Lender setting forth the amount of such loss, penalty or expense, and the basis therefor shall, in the absence of manifest error, be conclusive.