Changes; Legal Restrictions. In the event the adoption of or any change in any law, treaty, rule, regulation, guideline or the interpretation or application thereof by a Governmental Agency (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) either (a) subjects Lender to any tax (other than income taxes or franchise taxes not specifically based on loan transactions), duty or other charge of any kind with respect to any LIBO Rate Tranche or changes the basis of taxation (other than with respect to income taxes or franchise taxes not specifically based on loan transactions) of payments to Lender of principal, fees, interest or any other amount payable in connection with a LIBO Rate Tranche, or (b) imposes on Lender any other condition materially more burdensome in nature, extent or consequence than those in existence as of the date of this Agreement, and the result of any of the foregoing is to increase the cost to Lender of making, renewing or maintaining any LIBO Rate Tranches or to reduce any amount receivable thereunder; then, in any such case, Borrower shall promptly pay to Lender, as applicable, upon demand, such amount or amounts as may be necessary to compensate Lender for any such additional cost incurred or reduced amounts received; provided however, that Borrower shall only be obligated to pay such amount to the extent such obligation is being imposed by Lender against similiarly-situated borrowers of Lender.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Peoples Bancorp Inc)
Changes; Legal Restrictions. In the event the adoption of or any change in any law, treaty, rule, regulation, guideline or the interpretation or application thereof by a Governmental Agency (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) either (a) subjects Lender to any tax (other than income taxes or franchise taxes not specifically based on loan transactions), duty or other charge of any kind with respect to any LIBO Rate Tranche or changes the basis of taxation (other than with respect to income taxes or franchise taxes not specifically based on loan transactions) of payments to Lender of principal, fees, interest or any other amount payable in connection with a LIBO Rate Tranche, or (b) imposes on Lender any other condition materially more burdensome in nature, extent or consequence than those in existence as of the date of this Agreement, and the result of any of the foregoing is to increase the cost to Lender of making, renewing or maintaining any LIBO Rate Tranches or to reduce any amount receivable thereunder; then, in any such case, Borrower shall promptly pay to Lender, as applicable, upon demand, such amount or amounts as may be necessary to compensate Lender for any such additional cost incurred or reduced amounts received; provided however, that Borrower shall only be obligated to pay such amount to the extent such obligation is being imposed by Lender against similiarly-situated borrowers of Lender.
Appears in 2 contracts
Samples: Loan Agreement (Mainsource Financial Group), Loan Agreement (Pinnacle Financial Partners Inc)
Changes; Legal Restrictions. In the event the adoption of or any change in any law, treaty, rule, regulationRegulation, guideline or the interpretation or application thereof by a Governmental Agency (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) either (a) subjects Lender to any tax (other than income taxes or franchise taxes not specifically based on loan transactions), duty or other charge of any kind with respect to any LIBO Rate Tranche or changes the basis of taxation (other than with respect to income taxes or franchise taxes not specifically based on loan transactions) of payments to Lender of principal, fees, interest or any other amount payable in connection with a LIBO Rate Tranche, or (b) imposes on Lender any other condition materially more burdensome in nature, extent or consequence than those in existence as of the date of this Agreement, and the result of any of the foregoing is to increase the cost to Lender of making, renewing or maintaining any LIBO Rate Tranches or to reduce any amount receivable thereunder; then, in any such case, Borrower shall promptly pay to Lender, as applicable, upon demand, such amount or amounts as may be necessary to compensate Lender for any such additional cost incurred or reduced amounts received; provided however, that Borrower shall only be obligated to pay such amount to the extent such obligation is being imposed by Lender against similiarly-situated borrowers of Lender.
Appears in 1 contract
Changes; Legal Restrictions. In the event the adoption of or any change in any law, treaty, rule, regulation, guideline or the interpretation or application thereof by a Governmental Agency governmental authority (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) either (a) subjects Lender to any tax (other than income taxes or franchise taxes not specifically based on loan Loan transactions), duty or other charge of any kind with respect to any LIBO Rate Tranche or changes the basis of taxation (other than with respect to income taxes or franchise taxes not specifically based on loan transactions) of payments to Lender of principal, fees, interest or any other amount payable in connection with a LIBO Rate Tranche, or (b) imposes on Lender any other condition materially more burdensome in nature, extent or consequence than those in existence as of the date of this Agreement, which conditions are related to a LIBO Rate Tranche or Loan transaction, and the result of any of the foregoing is to increase the cost to Lender of making, renewing or maintaining any LIBO Rate Tranches or to reduce any amount receivable thereunder; then, in any such case, Borrower shall promptly pay to Lender, as applicable, upon demand, such amount or amounts as may be necessary to compensate Lender for any such additional cost incurred or reduced amounts received; provided however. Notwithstanding the foregoing, that Borrower any increase, change or modification to any local, state or federal income, franchise or similar tax which is not specifically directed to or based on a LIBO Rate Tranche or a Loan transaction shall only be obligated to pay such amount to not result in any change in the extent such obligation is being imposed payments made by Lender against similiarly-situated borrowers of LenderBorrower.
Appears in 1 contract
Samples: Agreed Upon Terms and Procedures (Old Second Bancorp Inc)
Changes; Legal Restrictions. In Except as provided for herein, in the event the adoption of or any material change in any law, treaty, rule, regulation, guideline or the interpretation or application thereof by a Governmental Agency governmental authority (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) either (a) subjects Lender to any tax (other than income taxes or franchise taxes not specifically based on loan Loan transactions), duty or other charge of any kind with respect to any LIBO Rate Tranche or changes the basis of taxation (other than with respect to income taxes or franchise taxes not specifically based on loan transactions) of payments to Lender of principal, fees, interest or any other amount payable in connection with a LIBO Rate Tranche, Tranche or (b) imposes on Lender any other condition materially more burdensome in nature, extent or consequence than those in existence as of the date of this AgreementAgreement which conditions are related to a LIBO Rate Tranche or Loan transaction, and the result of any of the foregoing is to increase the cost to Lender of making, renewing or maintaining any LIBO Rate Tranches or to reduce any amount receivable thereunder; then, in any such case, Borrower shall promptly pay to Lender, as applicable, upon demand, such amount or amounts as may be necessary to compensate Lender for any such additional cost incurred or reduced amounts received; provided however. Notwithstanding the foregoing, that Borrower any increase, change or modification to any local, state or federal income, franchise or similar tax which is not specifically directed to or based on a Loan transaction or a LIBO Rate Tranche shall only be obligated not result in any change in the payments made by Borrower, including without limitation, any proposed increases, changes, or modifications in the State of Illinois proposed gross receipts tax and/or taxation attributable to pay such amount to the extent such obligation is being imposed by Lender against similiarly-situated borrowers of Lendermedical benefits.
Appears in 1 contract
Samples: Loan and Subordinated Debenture Purchase Agreement (Centrue Financial Corp)