Common use of Change of Adjusted Libor Rate Clause in Contracts

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d), that increase the cost to Banks of funding the Loan or a Portion thereof bearing interest at the Adjusted Libor Rate. Agent shall give the Borrowers notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to Agent, (A) request Agent to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor ----------------------------- Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (d) above, that increase the cost to Banks Lenders of funding the Loan Loans or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a good faith determination and adjustment, described in reasonable detail, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan Loans with respect to which such adjustment is made, subject to the requirements of Paragraph 2.9 and 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent Bank on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks Bank of funding the Loan or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent Bank shall give the Borrowers notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to AgentBank, (A) request Agent Bank to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.8 and 2.5(g) hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks of funding the Loan or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.9 and 2.6(g) hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (d) above, that increase the cost to Banks Lenders of funding the Loan or a Portion thereof bearing interest at the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a good faith determination and adjustment, described in reasonable detail, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.7 and 2.8 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may ----------------------------- be automatically adjusted by Agent Bank on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks Bank of funding the Loan or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent Bank shall give the Borrowers notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to AgentBank, (A) request Agent Bank to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.8 and 2.5(f) hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks Lenders of funding the Loan or a Portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers and each Lender notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to Agent, (A) request Agent to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.9 and 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (d) above, that increase the cost to Banks Lenders of funding the Loan Loans or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan Loans with respect to which such adjustment is made, subject to the requirements of Paragraph 2.9 and 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent with respect to any Lender on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks any Lender of funding the Loan or a Portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers and each Lender notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to Agent, (A) request Agent to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.9 and 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate ----------------------------- may be automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (d) above, that increase the cost to Banks Lenders of funding the Loan Loans or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a good faith determination and adjustment, described in reasonable detail, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan Loans with respect to which such adjustment is made, subject to the requirements of Paragraph 2.9 and 2.10 hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be ----------------------------- automatically adjusted by Agent on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks of funding the Loan or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent shall give the Borrowers Borrower notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers Borrower may, by notice to Agent, (A) request Agent to furnish to Borrowers Borrower a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.9 and 2.6(g) hereof.

Change of Adjusted Libor Rate. The Adjusted Libor Rate may be automatically adjusted by Agent Bank on a prospective basis to take into account the additional or increased cost of maintaining any necessary reserves for Eurodollar deposits or increased costs due to changes in applicable law or regulation or the interpretation thereof occurring subsequent to the commencement of the then applicable Interest Period, including but not limited to changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, Percentage and any Reserve which has resulted in a payment pursuant to Paragraph 2.6(d)subparagraph (e) above, that increase the cost to Banks Bank of funding the Loan or a Portion portion thereof bearing interest at based on the Adjusted Libor Rate. Agent Bank shall give the Borrowers notice of such a determination and adjustment, which determination shall be prima facie evidence of the correctness of the fact and the amount of such adjustment. Borrowers may, by notice to AgentBank, (A) request Agent Bank to furnish to Borrowers a statement setting forth the basis for adjusting such Adjusted Libor Rate and the method for determining the amount of such adjustment; and/or (B) repay the Portion of the Loan with respect to which such adjustment is made, subject to the requirements of Paragraph 2.10 2.8 and 2.5(f) hereof.