Exceptions to increased. costs Clause 8.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is: 8.6.1 compensated for by a payment made under Clause 8.10; or 8.6.2 compensated for by a payment made under Clause 17.3; or 8.6.3 compensated for by the payment of the Mandatory Cost; or 8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company of that Finance Party) of any law or regulation.
Appears in 6 contracts
Samples: Secured Facility Agreement, Facility Agreement (Teekay Corp), Facility Agreement (Teekay Tankers Ltd.)
Exceptions to increased. costs Clause 8.5 9.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 9.6.1 compensated for by a payment made under Clause 8.109.10; or
8.6.2 9.6.2 compensated for by a payment made under Clause 17.3; or
8.6.3 9.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 9.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 6 contracts
Samples: Credit Facility Agreement (Safe Bulkers, Inc.), Secured Multi Currency Reducing Revolving Credit Facility Agreement (Safe Bulkers, Inc.), Secured Multi Currency Reducing Revolving Credit Facility Agreement (Safe Bulkers, Inc.)
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 5 contracts
Samples: Secured Loan Agreement (DHT Holdings, Inc.), Secured Loan Agreement (Diana Shipping Inc.), Secured Loan Agreement (DHT Holdings, Inc.)
Exceptions to increased. costs Clause 8.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.10; or
8.6.2 compensated for by a payment made under Clause 17.3; or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 2 contracts
Samples: Secured Credit Facility (Teekay Offshore Partners L.P.), Loan Agreement (Teekay Shipping Corp)
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to a FATCA Deduction required to be made by a Party; or
8.6.5 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 2 contracts
Samples: Secured Loan Agreement (Baltic Trading LTD), Secured Loan Agreement (Baltic Trading LTD)
Exceptions to increased. costs Clause 8.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.9; or
8.6.2 compensated for by a payment made under Clause 17.3; or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.316.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 Taxes); or
8.6.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 9.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 9.6.1 compensated for by a payment made under Clause 8.109.10 (Taxes); or
8.6.2 9.6.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 9.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 9.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost costs or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.316.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 1 contract
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.316.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party Lender (or the Holding Company holding company of that Finance Partythe Lender) of any law or regulation.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Exceptions to increased. costs Clause 8.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.10; or
8.6.2 compensated for by a payment made under Clause 17.3; or
8.6.3 compensated for by the payment of the Mandatory Costany other provision in this Agreement; or
8.6.4 attributable to the negligence of, or the wilful breach by the relevant Finance Party (or the Holding Company of that Finance Party) Lender of any law or regulation.
Appears in 1 contract
Samples: Secured Loan Agreement (Energy Infrastructure Merger CORP)
Exceptions to increased. costs Clause 8.5 8.6 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 8.7.1 compensated for by a payment made under Clause 8.108.11 (Taxes); or
8.6.2 8.7.2 compensated for by a payment made under Clause 17.317.3 (Grossing-up); or
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 8.7.3 attributable to the wilful breach by the relevant Finance Party (or the Holding Company holding company of that Finance Party) of any law or regulation.
Appears in 1 contract
Samples: Secured Loan Agreement (Poseidon Containers Holdings Corp.)
Exceptions to increased. costs Clause 8.5 (Increased costs) does not apply to the extent any additional cost or reduced return referred to in that Clause is:
8.6.1 compensated for by a payment made under Clause 8.108.10 (Taxes); or
8.6.2 compensated for by a payment made under Clause 17.3; or17.3 (Grossing-up);
8.6.3 compensated for by the payment of the Mandatory Cost; or
8.6.4 attributable to the wilful breach by the relevant Finance Party (or the Holding Company of that Finance Party) of any law or regulation.
Appears in 1 contract