Common use of Increased Cost for Letters of Credit Clause in Contracts

Increased Cost for Letters of Credit. If any Regulatory Change shall either (a) impose, modify or make applicable any reserve, deposit, capital adequacy or similar requirement against Letters of Credit issued by the Bank, or (b) shall impose on the Bank any other conditions affecting this Agreement or any Letter of Credit; and the result of any of the foregoing is to increase the cost to the Bank of issuing or maintaining and Letter of Credit, or reduce the amount of any sum received or receivable by the Bank hereunder, then, upon demand (which demand shall be given by the Bank promptly after it determines such increased cost or reduction), the Borrower shall pay to such Bank the additional amount or amounts as will compensate the Bank for such increased cost or reduction. A certificate submitted to the Borrower by the Bank setting forth the basis for the determination of such additional amount or amounts necessary to compensate the Bank as aforesaid shall be conclusive and binding on the Borrower absent error. Part C -- General

Appears in 1 contract

Samples: Credit Agreement (Lawson Software Inc)

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Increased Cost for Letters of Credit. If any Regulatory Change shall either (a) impose, modify or make applicable any reserve, deposit, capital adequacy or similar requirement against Letters of Credit issued by the Bank, or (b) shall impose on the Bank any other conditions affecting this Agreement or any Letter of Credit; and the result of any of the foregoing is to increase the cost to the Bank of issuing or maintaining and any Letter of Credit, or reduce the amount of any sum received or receivable by the Bank hereunder, then, upon demand (which demand shall be given by the Bank promptly after it determines such increased cost or reduction), the Borrower shall pay to such the Bank the additional amount or amounts as will compensate the Bank for such increased cost or reduction. A certificate submitted to the Borrower by the Bank setting forth the basis for the determination of such additional amount or amounts necessary to compensate the Bank as aforesaid shall be conclusive and binding on the Borrower absent error. Part C -- GeneralGeneral -----------------

Appears in 1 contract

Samples: Credit Agreement (Express America Holdings Corp)

Increased Cost for Letters of Credit. If any ------------------------------------ Regulatory Change shall either (a) impose, modify or make applicable any reserve, deposit, capital adequacy or similar requirement against Letters of Credit issued by the First Bank, or (b) shall impose on the First Bank any other conditions affecting this Agreement or any Letter of Credit; and the result of any of the foregoing is to increase the cost to the First Bank of issuing or maintaining and any Letter of Credit, or reduce the amount of any sum received or receivable by the First Bank hereunder, then, upon demand (which demand shall be given by the First Bank promptly after it determines such increased cost or reduction), the Borrower Company shall pay to such First Bank the additional amount or amounts as will compensate the First Bank for such increased cost or reduction. A certificate submitted to the Borrower Company by the First Bank setting forth the basis for the determination of such additional amount or amounts necessary to compensate the First Bank as aforesaid shall be conclusive and binding on the Borrower Company absent error. Part C -- General.

Appears in 1 contract

Samples: Credit Agreement (New Century Financial Corp)

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Increased Cost for Letters of Credit. If any Regulatory Change shall either (a) impose, modify or make applicable any reserve, deposit, capital adequacy or similar requirement against Letters of Credit issued by the Bank, or (b) shall impose on the Bank any other conditions affecting this Agreement or any Letter of Credit; and the result of any of the foregoing is to increase the cost to the Bank of issuing or maintaining and any Letter of Credit, or reduce the amount of any sum received or receivable by the Bank hereunder, then, upon demand (which demand shall be given by the Bank promptly after it determines such increased cost or reduction), the Borrower Borrowers shall pay to such the Bank the additional amount or amounts as will compensate the Bank for such increased cost or reduction. A certificate submitted to the Borrower Borrowers by the Bank setting forth the basis for the determination of such additional amount or amounts necessary to compensate the Bank as aforesaid shall be conclusive and binding on the Borrower Borrowers absent error. Part C -- GeneralGeneral -----------------

Appears in 1 contract

Samples: Credit Agreement (Pilgrim America Capital Corp)

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