Common use of Exchange Indemnification and Increased Costs Clause in Contracts

Exchange Indemnification and Increased Costs. The Borrowers shall, upon demand from the Agent or the Issuing Lender or L/C Participant, pay to the Agent, any Lender, the Issuing Lender or such L/C Participant, the amount of (i) any loss or cost or increased cost incurred by such Person, (ii) any reduction in any amount payable to or in the effective return on the capital to such Person, (iii) any interest or any other return, including principal, foregone by such Person as a result of the introduction of, change-over to or operation of the Euro or (iv) any currency exchange loss that such Person sustains, in each case of clauses (i) through (iv), as a result of (1) any payment being made by the Borrowers in a currency other than that originally extended to the Borrowers (other than with respect to Letter of Credit fees and commissions) or (2) the failure of the Borrowers to repay a Loan or L/C Obligation denominated in a currency other than Dollars. A certificate of the Agent setting forth in reasonable detail the basis for determining such additional amount or amounts necessary to compensate the Agent, Lender, the Issuing Lender or L/C Participant shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

AutoNDA by SimpleDocs

Exchange Indemnification and Increased Costs. The Borrowers Borrower shall, upon demand from the Administrative Agent or the Issuing Lender or L/C Participant, pay to the Administrative Agent, any Lender, the Issuing Lender or such L/C Participant, the amount of (i) any loss or cost or increased cost incurred by such Person, (ii) any reduction in any amount payable to or in the effective return on the capital to such Person, (iii) any interest or any other return, including principal, foregone by such Person as a result of the introduction of, change-change over to or operation of the Euro or (iv) any currency exchange loss that such Person sustains, in each case of clauses (i) through (iv), as a result of (1) any payment being made by the Borrowers Borrower in a currency other than that originally extended to the Borrowers Borrower (other than with respect to Letter of Credit fees and commissions) or (2) the failure of the Borrowers Borrower to repay a Loan or L/C Letter of Credit Obligation denominated in a currency other than Dollars. A certificate of the Administrative Agent setting forth in reasonable detail the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent, Lender, the Issuing Lender or L/C Participant shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (Global Power Equipment Group Inc.)

Exchange Indemnification and Increased Costs. The Borrowers U.S. Borrower shall, upon demand from the Administrative Agent or the any Issuing Lender or L/C Participant, pay to the Administrative Agent, any Lender, the Issuing Lender or such L/C Participant, the amount of (i) any loss or cost or increased cost incurred by such Person, (ii) any reduction in any amount payable to or in the effective return on the capital to such Person, (iii) any interest or any other return, including principal, foregone by such Person as a result of the introduction of, change-change over to or operation of the Euro or (iv) any currency exchange loss that such Person sustains, in each case of clauses (i) through (iv), as a result of (1) any payment being made by the Borrowers any Borrower in a currency other than that originally extended to the Borrowers (other than with respect to Letter of Credit fees and commissions) such Borrower or (2) the failure of the Borrowers any Borrower to repay a Loan or L/C Letter of Credit Obligation denominated in a currency other than Dollars. A certificate of the Administrative Agent setting forth in reasonable detail the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent, Lender, the Issuing Lender or L/C Participant shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Exchange Indemnification and Increased Costs. The Borrowers U.S. Borrower shall, upon demand from the Administrative Agent or the any Issuing Lender or L/C Participant, pay to the Administrative Agent, any Lender, the such Issuing Lender or such L/C Participant, the amount of (i) any loss or cost or increased cost incurred by such Person, (ii) any reduction in any amount payable to or in the effective return on the capital to such Person, (iii) any interest or any other return, including principal, foregone by such Person as a result of the introduction of, change-over changeover to or operation of the Euro or (iv) any currency exchange loss that such Person sustains, in each case of clauses (i) through (iv), as a result of (1) any payment being made by the Borrowers any Borrower in a currency other than that originally extended to the Borrowers (other than with respect to Letter of Credit fees and commissions) such Borrower or (2) the failure of the Borrowers any Borrower to repay a Loan or L/C Letter of Credit Obligation denominated in a currency other than Dollars. A certificate of the Administrative Agent setting forth in reasonable detail the basis for determining such additional amount or amounts necessary to compensate the Administrative Agent, Lender, the Issuing Lender or L/C Participant shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

AutoNDA by SimpleDocs

Exchange Indemnification and Increased Costs. The Borrowers Borrower shall, upon demand from the Agent or the Issuing Lender or L/C Participant, pay to the Agent, any Lender, the Issuing Lender or such L/C Participant, the amount of (i) any loss or cost or increased cost incurred by such Person, (ii) any reduction in any amount payable to or in the effective return on the capital to such Person, (iii) any interest or any other return, including principal, foregone by such Person as a result of the introduction of, change-over to or operation of the Euro or (iv) any currency exchange loss that such Person sustains, in each case of clauses (i) through (iv), as a result of (1) any payment being made by the Borrowers Borrower in a currency other than that originally extended to the Borrowers Borrower (other than with respect to Letter of Credit fees and commissions) or (2) the failure of the Borrowers Borrower to repay a Loan or L/C Obligation denominated in a currency other than Dollars. A certificate of the Agent setting forth in reasonable detail the basis for determining such additional amount or amounts necessary to compensate the Agent, Lender, the Issuing Lender or L/C Participant shall be conclusively presumed to be correct save for manifest error.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

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