Common use of INCREASED COSTS FOR EURODOLLAR BORROWINGS Clause in Contracts

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 Eurodollar Lending Office) or the interbank Eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such Lender, or its obligations to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such Lender, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ after demand by such Lender, the Borrower shall pay to such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this Section. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be conclusive in the absence of manifest error. If any Lender demands compensation under this Section, then the Borrower may at any time, upon at least five (5) Business Days’ prior notice to the Agent, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Borrowings in accordance with the provisions of this Agreement; provided, however, that the Borrower shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 Eurodollar Lending Office) or the interbank Eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such Lender, or its obligations to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such Lender, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ ' after demand by such Lender, the Borrower shall pay to such Lender such additional amount 21 27 or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this Section. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be conclusive in the absence of manifest error. If any Lender demands compensation under this Section, then the Borrower may at any time, upon at least five (5) Business Days’ ' prior notice to the Agent, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Borrowings in accordance with the provisions of this Agreement; provided, however, that the Borrower shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 by, Lender, or shall impose on any Lender (or its Eurodollar Lending Officelending office) or the interbank Eurodollar eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such LenderNote, or its obligations obligation to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such LenderNote, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ days after demand by such Lender, the Borrower Borrowers shall pay to such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower Borrowers of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this SectionSECTION. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section SECTION and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be delivered by Lender to Borrower within one hundred eighty (180) days after the incurrence thereof and shall be conclusive in the absence of manifest error. If any Lender demands compensation under this Section, then the Borrower Borrowers may at any time, upon at least five (5) Business Days’ ' prior notice to the Agentsuch Lender, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such REVOLVING CREDIT AGREEMENT - PAGE 19 -------------------------- (GAINSCO/Bank One) Eurodollar Borrowings to Alternate Base Rate Borrowings in accordance with the provisions of this Agreement; provided, however, that the Borrower Borrowers shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 by, Lender, or shall impose on any Lender (or its Eurodollar Lending Officelending office) or the interbank Eurodollar eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such LenderNote, or its obligations obligation to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such LenderNote, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ days after demand by such Lender, the Borrower Borrowers shall pay to such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower Borrowers of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this SectionSECTION. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section SECTION and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be delivered by Lender to Borrower within one hundred eighty (180) days after the incurrence thereof and shall be conclusive in the absence of manifest error. If any Lender demands compensation under this SectionSECTION, then the Borrower Borrowers may at any time, upon at least five (5) Business Days’ ' prior notice to the Agentsuch Lender, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Rate Borrowings in accordance with the provisions of this Agreement; providedPROVIDED, howeverHOWEVER, that the Borrower Borrowers shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 by, Lender, or shall impose on any Lender (or its Eurodollar Lending Officelending office) or the interbank Eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such LenderNote, or its obligations to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such LenderNote, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ ' after demand by such Lender, the Borrower shall pay to such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this Section. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be conclusive in the absence of manifest error. If any Lender demands compensation under this Section, then the Borrower may at any time, upon at least five (5) Business Days’ ' prior notice to the Agentsuch Lender, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Prime Rate Borrowings in accordance with the provisions of this Agreement; provided, however, that the Borrower shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 by, Lender, or shall impose on any Lender (or its Eurodollar Lending Officelending office) or the interbank Eurodollar eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such LenderNotes, or its obligations obligation to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such LenderNotes, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ ' after demand by such Lender, the Borrower shall pay to such Lender such additional amount or amounts as will compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this Section. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be conclusive in the absence of manifest error. If any Lender demands compensation under this Section, then the Borrower may at any time, upon at least five (5) Business Days’ ' prior notice to the Agentsuch Lender, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Prime Rate Borrowings in accordance with the provisions of this Agreement; provided, however, that the Borrower shall be liable for any Funding Loss arising pursuant to such actions.

INCREASED COSTS FOR EURODOLLAR BORROWINGS. If 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 by, Lender, or shall impose on any Lender (or its Eurodollar Lending Officelending office) or the interbank Eurodollar eurodollar market any other condition affecting its Eurodollar Borrowings, the Note issued to such LenderNote, or its obligations obligation to make Eurodollar Borrowings; and the result of any of the foregoing is to increase the cost to such Lender of making or maintaining Eurodollar Borrowings, or to reduce the amount of any sum received or receivable by such Lender under this Agreement, or under the Note issued to such LenderNote, by an amount deemed by such Lender to be material, then, within five (5) Business Days’ days after demand by such Lender, the Borrower Borrowers shall pay to such Lender such additional amount or amounts as will AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT D-0601350.3 compensate such Lender for such increased cost or reduction. Such Lender will promptly notify Borrower Borrowers of any event of which it has knowledge, occurring after the date hereof, which will entitle such Lender to compensation pursuant to this SectionSECTION. No failure by any Lender to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Lender’s 's right to demand payment of such amounts at any subsequent time. A certificate of a Lender claiming compensation under this Section SECTION and setting forth the additional amount or amounts to be paid to it hereunder, together with a description in reasonable detail of the manner in which such amounts have been calculated, shall be delivered by Lender to Borrower within one hundred eighty (180) days after the incurrence thereof and shall be conclusive in the absence of manifest error. If any Lender demands compensation under this SectionSECTION, then the Borrower Borrowers may at any time, upon at least five (5) Business Days’ ' prior notice to the Agentsuch Lender, either (i) repay in full the then outstanding principal amount of all Eurodollar Borrowings, together with accrued interest thereon, or (ii) convert such Eurodollar Borrowings to Alternate Base Rate Borrowings in accordance with the provisions of this Agreement; providedPROVIDED, howeverHOWEVER, that the Borrower Borrowers shall be liable for any Funding Loss arising pursuant to such actions.