Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs. (b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 7 contracts
Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 5 contracts
Samples: Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 4 contracts
Samples: Credit Agreement (Weston Roy F Inc), Loan and Security Agreement (Nicholas Financial Inc), Loan and Security Agreement (Anchor Glass Container Corp /New)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate LoansEurodollar Revolving Loan, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 4 contracts
Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (Advanced Micro Devices Inc), Term Loan Agreement (Advanced Micro Devices Inc), Term Loan Agreement (Spansion Inc.)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansCommitted Loans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 3 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the applicable Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower shall Borrowers shall, jointly and severally, pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hills Stores Co /De/), Loan and Security Agreement (Hills Stores Co /De/)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers’ Agent through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Eurodollar Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon written demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender (or its Lending Office) or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon thirty (30) days after written demand of by such Lender to the Borrower Company through the Agent, the Borrower Company shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase; provided that the Company shall not be required to compensate a Lender for any such increases in capital for any period more than 120 days prior to the date such Lender delivers such demand.
(c) Section 3.01 and not this Section 3.03 shall be the only Section of this Agreement that applies to increased costs with respect to Taxes, Further Taxes and Other Taxes.
Appears in 2 contracts
Samples: Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such LenderBank’s or such corporation’s or other entity’s policies with respect to capital adequacy and such LenderBank’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
(c) Any demand made by any Lender pursuant to this Section 5.3 shall not cover any period more than 180 days prior to the date of demand.
Appears in 2 contracts
Samples: Loan Agreement (United States Leather Inc /Wi/), Loan and Security Agreement (United States Leather Inc /Wi/)
Increased Costs and Reduction of Return. (ai) If any Lender determines that due to either (iA) the introduction of or any change in the interpretation of any law or regulation Requirement of Law or (iiB) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Eurodollar Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(bii) If any Lender shall have determined that (iA) the introduction of any Capital Adequacy Regulation, (iiB) any change in any Capital Adequacy Regulation, (iiiC) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (ivD) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsRevolving Commitment, loansLoans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that shall determine that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand therefor by such Lender (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that that:
(i) the introduction of any Capital Adequacy Regulation, ;
(ii) any change in any Capital Adequacy Regulation, ;
(iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or ; or
(iv) compliance by such the Lender (or its Lending Office) or any corporation or other entity controlling such Lender the Lender, with any Capital Adequacy Regulation, ; affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment(s), loans, credits or obligations under this Agreement, then, upon demand of such Lender (with a copy to the Borrower through the Agent), the Borrower shall upon demand pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Esquire Communications LTD), Credit Agreement (Esquire Communications LTD)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loansLoans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Mail Well Inc), Credit Agreement (Mail Well Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, Regulation affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, thenthen so long as such Lender is as a policy generally charging customers similarly situated therefor, upon demand of such Lender to the any Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 2 contracts
Samples: Loan Agreement (Unova Inc), Loan Agreement (Unitrin Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender (or its Lending Office) or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 2 contracts
Samples: Credit Agreement (Westcoast Hospitality Corp), Credit Agreement (Cavanaughs Hospitality Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Public Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, such additional amounts as are sufficient to compensate such the Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Public Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital capital, reserves, or special deposits required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital capital, reserves, or special deposits is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase. Notwithstanding the foregoing, all such amounts shall be subject to the provisions of Section 3.3.
Appears in 1 contract
Samples: Loan and Security Agreement (Woodworkers Warehouse Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (International Alliance Services Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the any Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (ia) the introduction after the Closing Date of any Capital Adequacy Regulation, (iib) any change after the Closing Date in any Capital Adequacy Regulation, (iiic) any change after the Closing Date in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (ivd) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy RegulationRegulation issued after the Closing Date, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loansTerm Loan, credits credits, or obligations under this Agreement, then, upon within thirty (30) days following receipt by the Borrowers of written demand of for such payment (accompanied by a certificate referred to in Section 5.3) by such Lender to the Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts (the “Additional Lender Amounts”) sufficient to compensate such Lender for such increase; provided that such Lender shall not be entitled to any such amounts to the extent that the event giving rise to such additional cost or reduced amount receivable occurred more than one hundred and twenty (120) days prior to the date such notice and demand was given to the Borrowers.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank --------------------------------------- determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that after the Closing Date that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined after the Closing Date that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, Eurocurrency Loans then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender (or its Lending Office) or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Company through the Agent, the Borrower Company shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Picturetel Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either either: (i) the introduction of or any change in the interpretation of any law or regulation regulation; or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Revolving Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that that: (i) the introduction of any Capital Adequacy Regulation, ; (ii) any change in any Capital Adequacy Regulation, ; (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, ; or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, thenthen so long as such Lender is as a policy generally charging customers similarly situated therefor, upon demand of such Lender to the any Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Unova Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or or
(ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Loan and Security Agreement (Nicholas Financial Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.'s
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and determines (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Gfsi Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation by any Governmental Authority of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(ba) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Parent on behalf of the Borrowers through the Agent, the Borrower shall Borrowers shall, jointly and severally, pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
(b) If any Lender requests compensation under subsection (a) or (b) of this Section, then such Lender shall use reasonable efforts (consistent with legal and regulatory restrictions) to change the jurisdiction of its lending office which would eliminate or reduce amounts payable pursuant to subsection (a) or (b) of this Section, if such change would not in the judgment of such Lender be otherwise disadvantageous to such Lender.
(c) Failure or delay on the part of any Lender to demand compensation pursuant to subsection (a) or (b) of this Section shall not constitute a waiver of such Lender's right to demand such compensation; provided that the Borrowers shall not be required to compensate a Lender pursuant to subsection (a) or (b) of this Section for any costs incurred more than 180 days prior to the date that such Lender notifies the Parent on behalf of the Borrowers of the event giving rise to such costs and of such Lender's intention to claim compensation therefor.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Representative through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either either: (i) the introduction of or any change in the interpretation of any law or regulation regulation; or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Revolving Loans, then the Borrower Obligated Parties shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that that: (i) the introduction of any Capital Adequacy Regulation, ; (ii) any change in any Capital Adequacy Regulation, ; (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, ; or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower Obligated Parties shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender reasonably determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
(c) Any claim for compensation under this Section 4.3 shall be made by the applicable Lender within 180 days after the date on which the officer of such Lender who has responsibility for compliance with the obligations under this Agreement knows or has reason to know of such Lender’s right to any compensation under this Section 4.3 or, if any such Lender fails to deliver such demand within such 180-day period, such Lender shall only be entitled to compensation under this Section 4.3 from and after the date that is 180 days prior to the date such Lender delivers such demand.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Revolving Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or CD Rate Loans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the -43- 51 Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate LoansEurodollar Revolving Loan, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Representative through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that --------------------------------------- that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (Cb Commercial Real Estate Services Group Inc)
Increased Costs and Reduction of Return. (a1) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Revolving Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b2) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Daisytek International Corporation /De/)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation after the date of this Agreement or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Spherion Corp)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a1) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Revolving Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b2) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) Revolving Loan compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.amount
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of of, or any change (other than a change by way of imposition of, or increase in, reserve requirements contemplated in subsection 3.3(c)) in or in the interpretation of of, any law or regulation or (ii) the compliance by that Lender such Bank (or its Lending Office) or any Corporation controlling such Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Rate LoansLoans or issuing or participating in Letters of Credit, or a reduction in the amount received or receivable by such Bank in connection with any of the foregoing, then the Borrower Company shall be liable for, and shall from time to time, upon demand (therefor by such Bank with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such Lender, Bank such additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender shall have determined Bank determines that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender Bank (or its Lending Office), or any corporation or other entity controlling such Lender Bank, with any Capital Adequacy Regulation, Regulation affects or would affect the amount of capital that such Bank or any corporation controlling such Bank is required or expected to be maintained by maintain, and such Lender or any corporation or other entity controlling such Lender and Bank (taking into consideration such LenderBank’s or such corporation’s or other entity’s policies with respect to capital adequacy and such LenderBank’s desired return on capital) determines that the amount of such capital is increased as a consequence of any of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Administrative Agent, the Borrower Company shall immediately pay to the Administrative Agent, for the account of such LenderBank, from time to time as specified by such LenderBank, additional amounts sufficient to compensate such Lender Bank for such increase.
(c) The Company shall pay to each Bank, as long as such Bank shall be required to maintain reserves with respect to liabilities or assets consisting of or including LIBOR funds or deposits (currently known as "Eurocurrency liabilities"), additional interest on the unpaid principal amount of each LIBOR Loan equal to the actual costs of such reserves allocated to such Loan by such Bank (as determined by such Bank in good faith, which determination shall be conclusive), which shall be due and payable on each date on which interest is payable on such Loan, provided the Company shall have received at least 15 days’ prior notice (with a copy to the Administrative Agent) of such additional interest from such Bank. If a Bank fails to give notice 15 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable 15 days from receipt of such notice.
Appears in 1 contract
Samples: Credit Agreement (Bedford Property Investors Inc/Md)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Loans, then then, subject to Section 2.3, the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits credits, or obligations under this Agreement, then, subject to Section 2.3, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Egl Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank reasonably determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law Law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of lawLaw), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Fund shall be liable for, and shall from time to time, time upon demand (with a copy of such demand to be sent to the Administrative Agent), ) pay to the Agent Administrative Agent, for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have reasonably determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, thereof or (iv) compliance by such Lender Bank (or its Lending Office) or any corporation or other entity controlling such Lender Bank with any guideline or request made subsequent to the date hereof with respect to any Capital Adequacy Regulation, Regulation affects or would affect the amount of capital required or expected to be maintained by such Lender Bank or any corporation or other entity controlling such Lender Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) and such Bank determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loansLoans, credits or obligations other Obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Fund through the Administrative Agent, the Borrower Fund shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (Liberty Floating Rate Advantage Fund)
Increased Costs and Reduction of Return. (a) If any Lender reasonably determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
(c) Any claim for compensation under this Section 4.3 shall be made by the applicable Lender within 180 days after the date on which the officer of such Lender who has responsibility for compliance with the obligations under this Agreement knows or has reason to know of such Lender's right to any compensation under this Section 4.3 or, if any such Lender fails to deliver such demand within such 180-day period, such Lender shall only be entitled to compensation under this Section 4.3 from and after the date that is 180 days prior to the date such Lender delivers such demand.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that shall determine that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand therefor by such Lender (with a copy of such demand to be sent to the Administrative Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulationapplicable law, (ii) rule, regulation or guideline regarding capital adequacy, or any change in any Capital Adequacy Regulation, (iii) therein or any change in the interpretation or administration of any Capital Adequacy Regulation thereof by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender (or its Lending Office) or any corporation controlling the Lender, with any request, guideline or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other entity controlling such Lender with any Capital Adequacy Regulationauthority, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations obligation under this Agreement, then, upon demand of such Lender Lender, the Company shall immediately pay to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR LIBO Rate LoansLoans or participating in L/Cs, then the Company or the US Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the applicable Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such LenderBank’s or such corporation’s or other entity’s policies with respect to capital adequacy and such LenderBank’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the any Borrower through the Administrative Agent, the such Borrower shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (Zemex Corp)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation (other than any change by way of imposition of or increase in reserve requirements included in the calculation of the Offshore Rate or in respect of the assessment rate payable by any Bank to the FDIC for insuring U.S. deposits or any change introduced prior to the Closing Date) or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law) (other than any guideline or request introduced prior to the Closing Date), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs; provided that no Bank shall be entitled to obtain compensation -------- with respect to any period prior to six (6) months prior to making such demand.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, in any such case, after the Closing Date, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Administrative Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase; provided no Bank shall be entitled to receive additional amounts with respect to any period prior to six (6) months prior to making such demand.
Appears in 1 contract
Samples: Credit Agreement (McKesson Hboc Inc)
Increased Costs and Reduction of Return. (a) If any --------------------------------------- Lender determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender (or its Lending Office) or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.such
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation Requirement of Law or (ii) the compliance by that Lender such Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Rate Loansits Loans to the Company, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender shall have determined Bank determines that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or any corporation or other entity controlling such Lender its Lending Office) with any Capital Adequacy Regulation, Regulation affects or would affect the amount of capital required or expected to be maintained by such Lender Bank or any corporation or other entity controlling such Lender Bank and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits Loans or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Administrative Agent, the Borrower Company shall pay to the Administrative Agent for the account of such LenderBank, from time to time as specified by such LenderBank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Loan Agreement (Gruma Sa De Cv)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Funds Administrator through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent Agent, for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) . If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate LoansLoans or participating in Letters of Credit, or, in the case of the Issuing Bank, any increase in the cost to the Issuing Bank of agreeing to issue, issuing or maintaining any Letter of Credit or of agreeing to make or making, funding or maintaining any unpaid drawing under any Letter of Credit, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender Bank (or its Lending Office) or any corporation or other entity controlling such Lender Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender Bank or any corporation or other entity controlling such Lender Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.the
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Administrative Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (R&b Falcon Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Revolving Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a1) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b2) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be 61 62 maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Samples: Loan and Security Agreement (Waxman Industries Inc)
Increased Costs and Reduction of Return. (a) If any Lender Bank determines that that, due to either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the compliance by that Lender Bank with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender Bank of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such LenderBank, additional amounts as are sufficient to compensate such Lender Bank for such increased costs.
(b) If any Lender Bank shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender the Bank (or its Lending Office) or any corporation or other entity controlling such Lender the Bank with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender the Bank or any corporation or other entity controlling such Lender the Bank and (taking into consideration such Lender’s Bank's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s Bank's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender Bank to the Borrower Company through the Agent, the Borrower Company shall pay to such Lenderthe Bank, from time to time as specified by such Lenderthe Bank, additional amounts sufficient to compensate such Lender the Bank for such increase.
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Revolving Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent Agent, for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Samples: Loan and Security Agreement (Parker Drilling Co /De/)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Administrative Agent, the Borrower shall pay to such the Lender, from time to time as specified by such the Lender, additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Palco through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Maxxam Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) . If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Administrative Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase. Notwithstanding anything to the contrary contained herein, the Borrower shall not be required to make any payments to any Lender or the Administrative Agent pursuant to this Section relating to increased costs or a reduction in rate of return incurred more than six (6) months prior to such Person's request for additional payment except for retroactive application of such law, rule or regulation, in which case the Borrower is required to make such payments so long as such Person makes a request therefor within six (6) months of the public announcement of such retroactive application. If a Credit Party is required to pay additional amounts to any Lender or the Administrative Agent pursuant to this Section, then such Lender shall use reasonable efforts (consistent with legal and regulatory restrictions) to change the jurisdiction of its lending office so as to eliminate any such additional payment by such Credit Party which may thereafter accrue, if such change in the judgment of such Lender is not otherwise disadvantageous to such Lender.
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the any Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (ia) the introduction after the Closing Date of any Capital Adequacy Regulation, (iib) any change after the Closing Date in any Capital Adequacy Regulation, (iiic) any change after the Closing Date in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (ivd) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy RegulationRegulation issued after the Closing Date, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its CommitmentsCommitment, loansTerm Loan, credits credits, or obligations under this Agreement, then, upon within thirty (30) days following receipt by the Borrowers of written demand of for such payment (accompanied by a certificate referred to in Section 5.3) by such Lender to the Borrower through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts (the “Additional Lender Amounts”) sufficient to compensate such Lender for such increase; provided that such Lender shall not be entitled to any such amounts to the extent that the event giving rise to such additional cost or reduced amount receivable occurred prior to the date such notice and demand was given to the Borrowers.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in or change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Offshore Rate Loans, then the Borrower Company shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, such additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such the Lender (or its Lending Office) or any corporation or other entity controlling such the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such the Lender or any corporation or other entity controlling such the Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of such Lender to the Borrower Company through the Agent, the Borrower Company shall pay to such the Lender, from time to time as specified by such the Lender, such additional amounts sufficient to compensate such the Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Revolving Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent Agent, for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that that, due to either (i) the introduction of or any change in or Loan Agreement in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to of such Lender of agreeing to make or making, funding or maintaining any LIBOR LIBO Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Administrative Agent), pay to the Administrative Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender (or its Lending Office) or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loansLoans, credits or obligations under this Loan Agreement, then, upon demand of such Lender to the Borrower through the Administrative Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Samples: Reducing Revolving Loan Agreement (Grand Casinos Inc)
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that such Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Loans, then then, subject to Section 4.6, the Borrower Borrowers shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent Agent, for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits credits, or obligations under this Agreement, then, subject to Section 4.6 and upon demand of such Lender to the Borrower Borrowers through the Agent, the Borrower Borrowers shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increase.
Appears in 1 contract
Increased Costs and Reduction of Return. (a) If any Lender determines that due to either (i) the introduction of or any change in the interpretation of any law or regulation or (ii) the compliance by that Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to such Lender of agreeing to make or making, funding funding, or maintaining any LIBOR Rate Loans, then the Borrower shall be liable for, and shall from time to time, upon demand (with a copy of such demand to be sent to the Agent), pay to the Agent for the account of such Lender, additional amounts as are sufficient to compensate such Lender for such increased costs.
(b) If any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by such Lender or any corporation or other entity controlling such Lender with any Capital Adequacy Regulation, affects or would affect the amount rate of return on the capital required or expected to be maintained by of such Lender or any corporation or other entity controlling such Lender and (taking into consideration such Lender’s 's or such corporation’s 's or other entity’s 's policies with respect to capital adequacy and such Lender’s 's desired return on capital) determines that the amount rate of such return on the capital is increased decreased as a consequence of its Commitments, loans, credits credits, or obligations under this Agreement, then, upon demand of such Lender to the Borrower through the Agent, the Borrower shall pay to such Lender, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender for such increasereduction.
Appears in 1 contract
Samples: Credit Agreement (Coorstek Inc)
