Common use of Increased Costs for Eurodollar Advances Clause in Contracts

Increased Costs for Eurodollar Advances. If, after the date hereof, any Governmental Authority, central bank, or other comparable authority, shall at any time impose, modify, or deem applicable any reserve (including, without limitation, any imposed by the Board of Governors of the Federal Reserve System, but excluding any reserve requirement included in the Eurodollar Reserve Requirement), special deposit or similar requirement against assets of, deposits with, or for the account of, or credit extended by, any Lender, or shall impose on any Lender (or its Applicable Lending Office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, the Notes or such Lender's obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining its Eurodollar Advances, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under such Lender's Note, by an amount deemed by such Lender to be material, then, within five (5) days after demand by such Lender, Borrower shall pay to Agent, for the account of such Lender, such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will (i) notify Agent and Borrower of any event occurring after the date of this Agreement which will entitle such Lender to compensation pursuant to this SECTION, as promptly as practicable (but in any event within 120 days) after such Lender obtains actual knowledge of such event, and Borrower shall not be liable for any such increased costs that accrue between the date such notification is required to be given and the date it was actually given, and (ii) use good faith and reasonable efforts to designate an Applicable Lending Office for Eurodollar Advances of such Lender, if such designation will avoid the need for, or reduce the amount of, such compensation, and will not, in the sole opinion of such Lender, be disadvantageous to such Lender (provided that such Lender shall have no obligation to so designate a lending office located in the United States of America). A certificate of such Lender claiming compensation under this SECTION and setting forth in reasonable detail the calculation of the additional amount or amounts to be paid to it hereunder shall be presumed to be correct in the absence of manifest error. If a Lender demands compensation under this SECTION, then Borrower may at any time, upon at least five (5) Business Days' prior notice to such Lender and Agent, either (i) repay in full the then outstanding Eurodollar Advances to such Lender, together with accrued interest thereon to the date of prepayment, or (ii) convert such Eurodollar Advances to Base Rate Advances in accordance with the provisions of this Agreement; provided, however, that Borrower shall be liable for any Funding Loss arising pursuant to such actions.

Increased Costs for Eurodollar Advances. If, after the date hereof, any Governmental Authority, central bank, or other comparable authority, shall at any time impose, modify, or deem applicable any reserve (including, without limitation, including any reserve imposed by the Board of Governors of the Federal Reserve System, but excluding and any reserve requirement included in the Eurodollar Reserve Requirement), special deposit or similar requirement against assets of, deposits with, or for the account of, or credit extended by, any Lender, or shall impose on any Lender (or its Applicable Lending Office) or the interbank eurodollar Eurodollar market any other condition affecting its Eurodollar Advances, the Notes or such Lender's obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining its Eurodollar Advances, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under such Lender's Note, by an amount deemed by such Lender to be material, then, within five (5) days after demand by such Lender, Borrower shall pay to Agent, for the account of such Lender, such additional amount or amounts as will compensate such Lender for such increased reserve, cost or reduction. Such Lender will (i) notify Agent and Borrower of any event occurring after the date of this Agreement which will entitle such Lender to compensation pursuant to this SECTIONSection, as promptly as practicable (but in any event within 120 days) after such Lender obtains actual knowledge of such event, and Borrower shall not be liable for any such increased costs that accrue between the date such notification is required to be given and the date it was actually given, and (ii) use good faith and reasonable efforts to designate an Applicable Lending Office for Eurodollar Advances of such Lender, if such designation will avoid the need for, or reduce the amount of, such compensation, and will not, in the sole opinion of such Lender, be disadvantageous to such Lender (provided that such Lender shall have no obligation to so designate a lending office located in the United States of America). A certificate of such Lender claiming compensation under this SECTION Section and setting forth in reasonable detail the calculation of the additional amount or amounts to be paid to it hereunder shall be presumed to be correct in the absence of manifest error. If a Lender demands compensation under this SECTIONSection, then Borrower may at any time, upon at least five (5) Business Days' prior notice to such Lender and Agent, either (i) repay in full the then outstanding Eurodollar Advances to such Lender, together with accrued interest thereon to the date of prepayment, or (ii) convert such Eurodollar Advances to Base Prime Rate Advances in accordance with the provisions of this Agreement; provided, however, that Borrower shall be liable for any Funding Loss arising pursuant to such actions.

Increased Costs for Eurodollar Advances. If, after the date hereof, any Governmental Authority, central bank, bank or other comparable authority, shall at any time imposeimposes, modify, modifies or deem deems applicable any reserve (including, without limitation, any imposed by the Board of Governors of the Federal Reserve System, System but excluding any reserve requirement included in the Eurodollar Reserve Requirement), special deposit or similar requirement against assets of, deposits with, with or for the account of, or credit extended by, any Lender, or shall impose on any Lender (or its Applicable Lending OfficeEurodollar lending office) or the interbank eurodollar Interbank Eurodollar market any other condition affecting its Eurodollar Advances, the Notes or such Lender's its obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining its Eurodollar Advances, or to reduce the amount of any sum received or receivable by such Lender under this Loan Agreement, or under such Lender's Notethe Notes, by an amount deemed by such any Lender to be material, then, within five (5) days after demand by such Lender, Borrower Company shall pay to Agent, for the account of such Lender, Lender such additional amount or amounts as will compensate such Lender for such the increased cost or reduction. Such Lender will (i) notify Agent and Borrower of any event occurring after the date of this Agreement which will entitle such Lender to compensation pursuant to this SECTION, as promptly as practicable (but in any event within 120 days) after such Lender obtains actual knowledge of such event, and Borrower shall not be liable for any such increased costs that accrue between the date such notification is required to be given and the date it was actually given, and (ii) use good faith and reasonable efforts to designate an Applicable Lending Office a different lending office for Eurodollar Advances of such Lender, Lender if such the designation will avoid the need for, or reduce the amount of, such compensation, the compensation and will not, in the sole opinion of such Lender, be disadvantageous to such Lender (provided that such Lender shall have has no obligation to so designate a lending office located in the United States of America). A certificate of such Lender claiming compensation under this SECTION Section and setting forth in reasonable detail the calculation computation of the additional amount or amounts to be paid to it hereunder shall be presumed to be correct is conclusive in the absence of manifest error. If a such Lender demands compensation under this SECTIONSection, then Borrower Company may at any time, upon on giving at least five (5) Business Days' prior notice to such Lender and AgentLender, either (i) repay in full the then outstanding Eurodollar Advances to such LenderAdvances, together with accrued interest thereon to the date of prepayment, prepayment or (ii) convert such the Eurodollar Advances to Base a Prime Rate Advances Advance in accordance with the provisions of this Loan Agreement; provided, however, that Borrower shall be liable for any Funding Loss arising pursuant to such actions.. AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT

Increased Costs for Eurodollar Advances. If, after the date hereof, any Governmental Authority, central bank, or other comparable authority, shall at any time impose, modify, or deem applicable any reserve (including, without limitation, any reserve imposed by the Board of Governors of the Federal Reserve System, but excluding and any reserve requirement included in the Eurodollar Reserve Requirement), special deposit or similar requirement against assets of, deposits with, or for the account of, or credit extended by, any Lender, or shall impose on any Lender (or its Applicable Lending Office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, the Notes or such Lender's obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining its Eurodollar Advances, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under such Lender's Note, by an amount deemed by such Lender to be material, then, within five (5) days after demand by such Lender, Borrower shall pay to Agent, for the account of such Lender, such additional amount or amounts as will compensate such Lender for such increased reserve, cost or reduction. Such Lender will (i) notify Agent and Borrower of any event occurring after the date of this Agreement which will entitle such Lender to compensation pursuant to this SECTIONSection, as promptly as practicable (but in any event within 120 days) after such Lender obtains actual knowledge of such event, and Borrower shall not be liable for any such increased costs that accrue between the date such notification is required to be given and the date it was actually given, and (ii) use good faith and reasonable efforts to designate an Applicable Lending Office for Eurodollar Advances of such Lender, if such designation will avoid the need for, or reduce the amount of, such compensation, and will not, in the sole opinion of such Lender, be disadvantageous to such Lender (provided that such Lender shall have no obligation to so designate a lending office located in the United States of America). A certificate of such Lender claiming compensation under this SECTION Section and setting forth in reasonable detail the calculation of the additional amount or amounts to be paid to it hereunder shall be presumed to be correct in the absence of manifest error. If a Lender demands compensation under this SECTIONSection, then Borrower may at any time, upon at least five (5) Business Days' prior notice to such Lender and Agent, either (i) repay in full the then outstanding Eurodollar Advances to such Lender, together with accrued interest thereon to the date of prepayment, or (ii) convert such Eurodollar Advances to Base Prime Rate Advances in accordance with the provisions of this Agreement; provided, however, that Borrower shall be liable for any Funding Loss arising pursuant to such actions.