Common use of Compensation Procedure Clause in Contracts

Compensation Procedure. If Lender notifies the Borrower of the incurrence of Additional Costs under this Section 5.01, such notice to the Borrower shall set forth the basis and amount of its request for compensation. Determinations and allocations by the Lender for purposes of this Section 5.01 of the effect of capital maintained pursuant to Section 5.01(c), on its costs or rate of return of maintaining the Advances or its obligation to make the Advances, or on amounts receivable by it in respect of the Advances, and of the amounts required to compensate the 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(b).

Appears in 2 contracts

Samples: Term Loan Agreement (Mariner Energy Inc), Term Loan Agreement (Mariner Energy LLC)

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Compensation Procedure. If Lender notifies the Borrower of the incurrence of Additional Costs under this Section 5.01, such notice to the Borrower shall set forth the basis and amount of its request for compensation. Determinations and allocations by the 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 the Advances or its obligation to make the Advances, or on amounts receivable by it in respect of the Advances, and of the amounts required to compensate the 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(b5.01(d).

Appears in 1 contract

Samples: Credit Agreement (Mariner Energy Inc)

Compensation Procedure. If Any Lender notifies notifying the Borrower of the incurrence of Additional Costs additional costs under this Section 5.01, 5.01 shall in such notice to the Borrower shall and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by the each Lender for purposes of this Section 5.01 of the effect of capital maintained any Regulatory Change pursuant to Section 5.01(c), 5.01(a) on its costs or rate of return of maintaining the Advances or its obligation to make the AdvancesLoan, or on amounts receivable by it in respect of the AdvancesLoan, and of the amounts required to compensate the 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 Business Days of the receipt by the Borrower of the notice described in this Section 5.01(b5.01(d).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Piccadilly Cafeterias Inc)

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Compensation Procedure. If Any Lender notifies notifying the Borrower of the incurrence of Additional Costs additional costs under this Section 5.01, 5.01 shall in such notice to the Borrower shall and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by the each Lender for purposes of this Section 5.01 of the effect of any Regulatory Changes or of the effect of capital maintained pursuant to Section 5.01(c)maintained, on its costs or rate of return of maintaining the Advances or its obligation to make the Advances, Loan or on amounts receivable by it in respect of the Advancesits Loan, and of the amounts required to compensate the 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(b).

Appears in 1 contract

Samples: Credit Agreement (Castle Dental Centers Inc)

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