Compensation Procedure. Any Lender notifying the Borrower of the incurrence of Additional Costs under this SECTION 5.01 shall in such notice to the Borrower and the Administrative Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this SECTION 5.01 of the effect of any Regulatory Change pursuant to SECTION 5.01(A) or (B), or of the effect of capital maintained pursuant to SECTION 5.01(C), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of Credit, and of the amounts required to compensate such Lender under this SECTION 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this SECTION 5.01 shall be paid by the Borrower within thirty (30) days of the receipt by the Borrower of the notice described in this SECTION 5.01(D).
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Samples: Revolving Credit Agreement (Atlas Pipeline Holdings, L.P.), Revolving Credit and Term Loan Agreement (Atlas America Inc)
Compensation Procedure. Any Lender notifying the Borrower of the incurrence of Additional Costs under this SECTION 5.01 shall in such notice to the Borrower and the Administrative Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this SECTION 5.01 of the effect of any Regulatory Change pursuant to SECTION 5.01(A5.01(a) or (Bb), or of the effect of capital maintained pursuant to SECTION 5.01(C5.01(c), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of Credit, and of the amounts required to compensate such Lender under this SECTION 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this SECTION 5.01 shall be paid by the Borrower within thirty (30) days of the receipt by the Borrower of the notice described in this SECTION 5.01(D5.01(d).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Atlas Pipeline Partners Lp), Revolving Credit and Term Loan Agreement (Atlas Pipeline Holdings, L.P.)
Compensation Procedure. Any Tranche A Lender notifying the Borrower of the incurrence of Additional Costs under this SECTION Section 5.01 shall in such notice to the Borrower and the Administrative Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Tranche A Lender for purposes of this SECTION Section 5.01 of the effect of any Regulatory Change pursuant to SECTION 5.01(ASection 5.01(a) or (Bb), or of the effect of capital maintained pursuant to SECTION 5.01(CSection 5.01(c), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of Credit, and of the amounts required to compensate such Lender under this SECTION Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this SECTION Section 5.01 shall be paid by the Borrower within thirty (30) days of the receipt by the Borrower of the notice described in this SECTION 5.01(DSection 5.01(d).
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