Common use of Compensation for Increased Costs Clause in Contracts

Compensation for Increased Costs. If Buyer shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of Buyer; or (b) imposes any other condition on or affecting Buyer or its obligations hereunder or the interbank Eurodollar market; and the result of any of the foregoing is to increase the cost to Buyer of agreeing to enter into, entering into or remain a party to, the Transactions hereunder or to reduce any amount received or receivable by Buyer with respect thereto; then, in any such case, Seller shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer of the same) pay to Buyer, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer for any such increased cost or reduction in amounts received or receivable hereunder. Buyer shall deliver to Seller a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer under this Section 4.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.

Compensation for Increased Costs. If Buyer Lender shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of BuyerLender; or (b) imposes any other condition on or affecting Buyer Lender or its obligations hereunder or the interbank Eurodollar market; and the result of any of the foregoing is to increase the cost to Buyer Lender of agreeing to enter intomake, entering into making or remain a party to, maintaining the Transactions Loan hereunder or to reduce any amount received or receivable by Buyer Lender with respect thereto; then, in any such case, Seller Borrower shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer Lender of the same) pay to BuyerLender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer Lender for any such increased cost or reduction in amounts received or receivable hereunder. Buyer Lender shall deliver to Seller Borrower a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer Lender under this Section 4.083.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.

Compensation for Increased Costs. If Buyer shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of Buyer; or (b) imposes any other condition on or affecting Buyer or its obligations hereunder or the interbank Eurodollar market; and the result of any of the foregoing is to increase the cost to Buyer of agreeing to enter into, entering into or remain a party to, the Transactions hereunder or to reduce any amount received or receivable by Buyer with respect thereto; then, in any such case, Seller Sellers shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer of the same) pay to Buyer, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer for any such increased cost or reduction in amounts received or receivable hereunder. Buyer shall deliver to Seller Sellers a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer under this Section 4.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.

Compensation for Increased Costs. If Buyer Lender shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of BuyerLender; or (b) imposes any other condition on or affecting Buyer Lender or its obligations hereunder or the interbank Eurodollar market; ; (c) and the result of any of the foregoing is to increase the cost to Buyer Lender of agreeing to enter intomake, entering into making or remain a party to, maintaining the Transactions Loan hereunder or to reduce any amount received or receivable by Buyer Lender with respect thereto; then, in any such case, Seller Borrower shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer Lender of the same) pay to BuyerLender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer Lender for any such increased cost or reduction in amounts received or receivable hereunder. Buyer Lender shall deliver to Seller Borrower a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer Lender under this Section 4.083.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.

Compensation for Increased Costs. If Buyer Lender shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of BuyerLender; or (b) imposes any other condition on or affecting Buyer Lender or its obligations hereunder or the interbank Eurodollar market; and the result of any of the foregoing is to increase the cost to Buyer Lender of agreeing to enter intomake, entering into making or remain a party to, maintaining the Transactions Loan hereunder or to reduce any amount received or receivable by Buyer Lender with respect thereto; then, in any such case, Seller Borrowers shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer Lender of the same) pay to BuyerLender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer Lender for any such increased cost or reduction in amounts received or receivable hereunder. Buyer Lender shall deliver to Seller Borrowers a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer Lender under this Section 4.083.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.

Compensation for Increased Costs. If Buyer shall in good faith determine that any change in any law, treaty or governmental rule, regulation or order, or in the interpretation, administration or application thereof, or any determination of a court or governmental authority, or compliance with any guideline, request or directive issued or made by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (a) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of Buyer; or (b) imposes any other condition on or affecting Buyer or its obligations hereunder or the interbank Eurodollar market; and the result of any of the foregoing is to increase the cost to Buyer of agreeing to enter into, entering into or remain a party to, the Transactions hereunder or to reduce any amount received or receivable by Buyer with respect thereto; then, in any such case, Seller shall promptly (but in any event no later than five (5) Business Days following any notice from Buyer of the same) pay to Buyer, upon receipt of the statement referred to in the next sentence, such additional amount or amounts as may be necessary to compensate Buyer for any such increased cost or reduction in amounts received or receivable hereunder. Buyer shall deliver to Seller a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to Buyer under this Section 4.08, which statement shall be conclusive and binding upon all parties hereto absent manifest error.