Common use of HLT Clause in Contracts

HLT. Neither Borrower nor any Lender is aware of any circumstances which would result in classifying this transaction as a "highly leveraged transaction" as of the Closing Date under "HLT" guidelines promulgated by any Tribunal (including, without limitation, the Office of the Comptroller of the Currency). If any Tribunal or any Lender (as it interprets "HLT guidelines" promulgated by any Tribunal) classifies this transaction as a "highly leveraged transaction," such Lender (through Agent) shall promptly notify Borrower of such classification and the applicable interest rate margin in all contexts shall be increased by 1% as of the date of such notice.

HLT. Neither the Borrower nor any Lender is aware of any circumstances which would result in classifying this transaction as a "highly leveraged transaction" as of the Closing Date under "HLT" guidelines promulgated by any Tribunal (including, without limitation, the Office of the Comptroller of the Currency). If any Tribunal or any Lender (as it interprets "HLT guidelines" promulgated by any Tribunal) classifies this transaction as a "highly leveraged transaction," such Lender (through the Administrative Agent) shall promptly notify the Borrower of such classification and the applicable interest rate margin in all contexts shall be increased by 1% as of the date of such notice.

HLT. Neither Borrower nor any Lender is aware of any circumstances which would result in classifying this transaction as a "highly leveraged transaction" as of the Closing Date under "HLT" guidelines promulgated by any Tribunal (including, without limitation, the Office of the Comptroller of the Currency). If any Tribunal or any Lender (as it interprets "HLT guidelines" promulgated by any Tribunal) classifies this transaction as a "highly leveraged transaction," such Lender (through Administrative Agent) shall promptly notify Borrower of such classification and the applicable interest rate margin in all contexts shall be increased by 1% as of the date of such notice.