Common use of Exchange Indemnification and Increased Costs Clause in Contracts

Exchange Indemnification and Increased Costs. Each of the U.S. Borrower and Belgian Borrower shall, upon demand from the Administrative Agent, pay to the Administrative Agent or any applicable Lender, the amount of (i) any loss or cost or increased cost incurred by the Administrative Agent or any applicable Lender, (ii) any reduction in any amount payable to or in the effective return on the capital to the Administrative Agent or any applicable Lender, (iii) any interest or any other return, including principal, foregone by the Administrative Agent or any applicable Lender as a result of the introduction of, change over to or operation of the Euro or any Permitted Foreign L/C Currency, or (iv) any currency exchange loss, that Administrative Agent or any Lender sustains as a result of any payment being made by such applicable Borrower in a currency other than that originally extended to such Borrower or as a result of any other currency exchange loss incurred by the Administrative Agent or any applicable Lender under this Agreement; provided, however, that the Belgian Borrower shall only be responsible for any such amounts owed in connection with Alternative Currency Loans and any Letters of Credit requested by the Belgian Borrower. A certificate of the Administrative Agent setting forth the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent or the applicable Lender shall be conclusively presumed to be correct save for manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)

AutoNDA by SimpleDocs

Exchange Indemnification and Increased Costs. Each of the U.S. Borrower and Belgian Borrower shall, upon demand from the Administrative Agent, pay to the Administrative Agent or any applicable Lender, the amount of (i) any loss or cost or increased cost incurred by the Administrative Agent or any applicable Lender, (ii) any reduction in any amount payable to or in the effective return on the capital to the Administrative Agent or any applicable Lender, (iii) any interest or any other return, including principal, foregone by the Administrative Agent or any applicable Lender as a result of the introduction of, change over to or operation of the Euro or any Permitted Foreign L/C CurrencyEuro, or (iv) any currency exchange loss, that Administrative Agent or any Lender sustains as a result of any payment being made by such applicable Borrower in a currency other than that originally extended to such Borrower or as a result of any other currency exchange loss incurred by the Administrative Agent or any applicable Lender under this Agreement; provided, however, that the Belgian Borrower shall only be responsible for any such amounts owed in connection with Alternative Currency Loans and any Letters of Credit requested by the Belgian BorrowerLoans. A certificate of the Administrative Agent setting forth the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent or the applicable Lender shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (Tekelec)

Exchange Indemnification and Increased Costs. Each of the U.S. Borrower and Belgian The Borrower shall, upon demand from the Administrative Agent, pay to the Administrative Agent Agent, any Issuing Lender or any applicable Lender, the amount of (i) any loss or cost or increased cost incurred by the Administrative Agent Agent, any Issuing Lender or any applicable Lender, (ii) any reduction in any amount payable to or in the effective return on the capital to the Administrative Agent Agent, any Issuing Lender or any applicable Lender, (iii) any interest or any other return, including principal, foregone by the Administrative Agent or any applicable Lender as a result of the introduction of, change over to or operation of the Euro or any Permitted Foreign L/C CurrencyEuro, or (iv) any currency exchange lossloss that the Administrative Agent, that Administrative Agent any Issuing Lender or any applicable Lender sustains as a result of any payment being made by such applicable the Borrower in a currency other than that originally extended to such the Borrower or as a result of any other currency exchange loss incurred by the Administrative Agent or any applicable Lender under this Agreement; provided, however, that the Belgian Borrower shall only be responsible for any such amounts owed in connection with Alternative Currency Loans and any Letters of Credit requested by the Belgian Borrower. A certificate of the Administrative Agent Agent, such Issuing Lender or such applicable Lender setting forth the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent Agent, such Issuing Lender or the applicable Lender shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Choicepoint Inc

AutoNDA by SimpleDocs

Exchange Indemnification and Increased Costs. Each of the U.S. Borrower and Belgian The Borrower shall, upon demand from the Administrative Agent, pay to the Administrative Agent Agent, any applicable Issuing Lender or any applicable Lender, the amount of (i) any loss or cost or increased cost incurred by the Administrative Agent Agent, any applicable Issuing Lender or any applicable Lender, (ii) any reduction in any amount payable to or in the effective return on the capital to the Administrative Agent Agent, any applicable Issuing Lender or any applicable Lender, (iii) any interest or any other return, including principal, foregone by the Administrative Agent or any applicable Lender as a result of the introduction of, change over to or operation of the Euro or any Permitted Foreign L/C CurrencyEuro, or (iv) any currency exchange lossloss that the Administrative Agent, that Administrative Agent any applicable Issuing Lender or any applicable Lender sustains as a result of any payment being made by such applicable the Borrower in a currency other than that originally extended to such the Borrower or as a result of any other currency exchange loss incurred by the Administrative Agent or any applicable Lender under this Agreement; provided, however, that the Belgian Borrower shall only be responsible for any such amounts owed in connection with Alternative Currency Loans and any Letters of Credit requested by the Belgian Borrower. A certificate of the Administrative Agent Agent, such applicable Issuing Lender or such applicable Lender setting forth the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent Agent, such applicable Issuing Lender or the applicable Lender shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Revolving Credit Agreement (Choicepoint Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.