Common use of Increased Costs for Loans Clause in Contracts

Increased Costs for Loans. 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 or CD Reserve Requirement of such Bank), special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank, or shall impose on any Bank (or its Eurodollar lending office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, CD Advances, the Note or its obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining its Eurodollar Advances, CD Advances, or to reduce the amount of any sum received or receivable by such Bank under this Agreement, or under the Note, by an amount deemed by such Bank to be material (the Eurodollars Advances or CD Advances that become subject to the provisions of this Section 12.03 are herein called "Affected Borrowings"), then, within five (5) days after demand by such Bank (with a copy to Administrative Agent) Company shall pay to Administrative Agent, for the account of such Bank, such additional amount or amounts as will compensate such Bank for such increased cost or reduction. Each Bank will promptly notify Company and Administrative Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle such Bank to compensation pursuant to this Section. A certificate of any Bank claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive in the absence of manifest error. If any Bank demands compensation under this Section, then Company may at any time, upon at least five (5) Business Days' prior notice to such Bank through Administrative Agent, either (i) repay in full the then outstanding Affected Brrowings of such Bank, together with accrued interest thereon to the date of prepayment or (ii) convert such Affected Borrowings to or any other Borrowing that is not an Affected Borrowing in accordance with the provisions of this Loan Agreement; provided, however, that Company shall be liable for any Consequential Loss arising pursuant to such actions.

Increased Costs for Loans. 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 or CD Reserve Requirement of such Bank), special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank, or shall impose on any Bank (or its Eurodollar lending office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, CD Advances, the Note or its obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining its Eurodollar Advances, CD Advances, or to reduce the amount of any sum received or receivable by such Bank under this Agreement, or under the Note, by an amount deemed by such Bank to be material (the Eurodollars Advances or CD Advances that become subject to the provisions of this Section 12.03 are herein called "Affected Borrowings"), then, within five (5) days after demand by such Bank (with a copy to Administrative Agent) Company shall pay to Administrative Agent, for the account of such Bank, such additional amount or amounts as will compensate such Bank for such increased cost or reduction. Each Bank will promptly notify Company and Administrative Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle such Bank to compensation pursuant to this Section. A certificate of any Bank claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive in the absence of manifest error. If any Bank demands compensation under this Section, then Company may at any time, upon at least five (5) Business Days' prior notice to such Bank through Administrative Agent, either (i) repay in full the then outstanding Affected Brrowings of such Bank, together with accrued interest thereon to the date of prepayment or (ii) convert such Affected Borrowings to or any other Borrowing that is not an Affected Borrowing in accordance with the provisions of this Loan Agreement; provided, however, that Company shall be liable for any Consequential Loss arising pursuant to such actions.

Increased Costs for Loans. 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 or CD Reserve Requirement of such Bank), special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank, or shall impose on any Bank (or its Eurodollar lending office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, CD Advances, the Note or its obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining its Eurodollar Advances, CD Advances, or to reduce the amount of any sum received or receivable by such Bank under this Agreement, or under the Note, by an amount deemed by such Bank to be material (the Eurodollars Advances or CD Advances that become subject to the provisions of this Section 12.03 are herein called "Affected Borrowings"), then, within five (5) days after demand by such Bank (with a copy to Administrative Agent) Company shall pay to Administrative Agent, for the account of such Bank, such additional amount or amounts as will compensate such Bank for such increased cost or reduction. Each Bank will promptly notify Company and Administrative Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle such Bank to compensation pursuant to this Section. A certificate of any Bank claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive in the absence of manifest error. If any Bank demands compensation under this Section, then Company may at any time, upon at least five (5) Business Days' prior notice to such Bank through Administrative Agent, either (i) repay in full the then outstanding Affected Brrowings Borrowings of such Bank, together with accrued interest thereon to the date of prepayment or (ii) convert such Affected Borrowings to or any other Borrowing that is not an Affected Borrowing in accordance with the provisions of this Loan Agreement; provided, however, that Company shall be liable for any Consequential Loss arising pursuant to such actions.

Increased Costs for Loans. 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 or CD Reserve Requirement of such Bank), special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank, or shall impose on any Bank (or its Eurodollar lending office) or the interbank eurodollar market any other condition affecting its Eurodollar Advances, CD Advances, the Note or its obligation to make Eurodollar Advances; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining its Eurodollar Advances, CD Advances, or to reduce the amount of any sum received or receivable by such Bank under this Agreement, or under the Note, by an amount deemed by such Bank to be material (the Eurodollars Advances or CD Advances that become subject to the provisions of this Section 12.03 are herein called "Affected Borrowings"), then, within five (5) days after demand by such Bank (with a copy to Administrative Agent) Company shall pay to Administrative Agent, for the account of such Bank, such additional amount or amounts as will compensate such Bank for such increased cost or reduction. Each Bank will promptly notify Company and Administrative Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle such Bank to compensation pursuant to this Section. A certificate of any Bank claiming compensation under this Section and setting forth the additional amount or amounts to be paid to it hereunder shall be conclusive in the absence of manifest error. If any Bank demands compensation under this Section, then Company may at any time, upon at least five (5) Business Days' prior notice to such Bank through Administrative Agent, either (i) repay in full the then outstanding Affected Brrowings Borrowings of such Bank, together with accrued interest thereon to the date of prepayment or (ii) convert such Affected Borrowings to or any other Borrowing that is not an Affected Borrowing in accordance with the provisions of this Loan Agreement; provided, however, that Company shall be liable for any Consequential Loss arising pursuant to such actions.