Designation of a Different Applicable Lending Office. If any Lender requests compensation under Section 3.04, or requires the Borrower to pay any Indemnified Taxes or additional amounts to any Lender, the L/C Issuer, or any Governmental Authority for the account of any Lender or the L/C Issuer pursuant to Section 3.01, or if any Lender gives a notice pursuant to Section 3.02, then at the request of the Borrower such Lender or the L/C Issuer, as applicable, shall use reasonable efforts to designate a different Applicable Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender or the L/C Issuer, as applicable, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 3.01 or 3.04, as the case may be, in the future, or eliminate the need for the notice pursuant to Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or the L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or the L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or the L/C Issuer in connection with any such designation or assignment.
Appears in 4 contracts
Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp)
Designation of a Different Applicable Lending Office. If any Lender Bank requests compensation under Section 3.043.6 or Section 3.9, or requires the Borrower Borrowers to pay any Indemnified Taxes or additional amounts to any LenderBank, the L/C Issuerany Issuing Bank, or any Governmental Authority for the account of any Lender Bank or the L/C Issuer any Issuing Bank pursuant to Section 3.013.11, or if any Lender Bank gives a notice pursuant to Section 3.023.8, then at the request of the Borrower Representative, such Lender Bank or the L/C Issuersuch Issuing Bank shall, as applicable, shall use reasonable efforts to designate a different Applicable Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender Bank or the L/C Issuer, as applicablesuch Issuing Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 3.01 3.6, Section 3.9 or 3.04Section 3.11, as the case may be, in the future, or eliminate the need for the notice pursuant to Section 3.023.8, as applicable, and (ii) in each case, would not subject such Lender Bank or the L/C Issuersuch Issuing Bank, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender Bank or the L/C Issuersuch Issuing Bank, as the case may be. The Borrower U.S. Borrowers hereby agrees to pay all reasonable costs and expenses incurred by any Lender Bank or the L/C Issuer any Issuing Bank in connection with any such designation or assignment.
Appears in 2 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)