Common use of Increased Costs; Reduced Returns Clause in Contracts

Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any Bank with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank to any tax, duty or other charge with respect to any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or shall change the basis of taxation of payments to such Bank of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond Letter of Credit or the obligations hereunder (except for changes in the rate of tax on the overall net income of such Bank imposed by the jurisdiction in which such Bank’s principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such Bank; or (iii) shall impose on Bank any other similar condition affecting such Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining such Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or to reduce the amount received or receivable by such Bank under this Agreement, under such Loan, Standby Letter of Credit, Bond Letter of Credit or hereunder or under the other Loan Documents with respect thereto, by an amount deemed by such Bank to be material, then, within fifteen (15) days after demand by such Bank, Borrower shall pay to such Bank such additional amount or amounts as will compensate such Bank for such increased cost or reduction.

Appears in 1 contract

Samples: And Security Agreement (Sri Surgical Express Inc)

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Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any Bank Lender with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank Lender to any tax, duty or other charge with respect to any Loanthe Loans, Standby Letter of Credit, Bond Letter of Credit the Notes or its obligations hereunderobligation to make Loans, or shall change the basis of taxation of payments to such Bank Lender of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder the Loans or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond Letter of Credit the Loans or its obligation to make the obligations hereunder Loans (except for changes in the rate of tax on the overall net income of such Bank Lender imposed by the jurisdiction in which such Bank’s Lender's principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such BankLender; or (iii) shall impose on Bank the Lender or the London Interbank Market any other similar condition affecting such Loanthe Loans, Standby Letter of Credit, Bond Letter of Credit the Notes or its obligations hereunderobligation to make Loans; and the result of any of the foregoing is to increase the cost to such Bank Lender of making or maintaining such any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or to reduce the amount received or receivable by such Bank Lender under this Agreement, under such Loan, Standby Letter of Credit, Bond Letter of Credit or hereunder the Notes or under the other Loan Documents with respect thereto, by an amount deemed by such Bank Lender to be material, then, within fifteen (15) days after demand by such BankLender, Borrower shall pay to such Bank Lender such additional amount or amounts as will compensate such Bank Lender for such increased cost or reduction.

Appears in 1 contract

Samples: Loan and Security Agreement (Cpac Inc)

Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any Bank with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank to any tax, duty or other charge with respect to any Loanits Loans, Standby Letter of Credit, Bond Letter of Credit its Notes or its obligations hereunderobligation to make Advances, or shall change the basis of taxation of payments to such Bank it of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder Loans or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond Letter of Credit its Loans or the obligations hereunder its obligation to make Advances (except for changes in the rate of tax on the its overall net income of such Bank imposed by the jurisdiction in which such Bank’s its principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such Bankit; or (iii) shall impose on Bank it or the London Interbank Market any other similar condition affecting such Loanits Loans, Standby Letter of Credit, Bond Letter of Credit its Notes or its obligations hereunderobligation to make Advances; and the result of any of the foregoing is to increase the cost to such Bank it of making or maintaining such Loan, Standby Letter any of Credit, Bond Letter of Credit or its obligations hereunderLoans, or to reduce the amount received or receivable by such Bank it under this Agreement, under such Loan, Standby Letter of Credit, Bond Letter of Credit or hereunder its Notes or under the other Loan Documents with respect thereto, by an amount deemed by such Bank it to be material, then, within fifteen (15) days after demand by such Bank, Borrower shall pay to such Bank such additional amount or amounts as will compensate such Bank for such increased cost or reduction.

Appears in 1 contract

Samples: Loan and Security Agreement (Video Display Corp)

Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any Bank with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank to any tax, duty or other charge with respect to any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or shall change the basis of taxation of payments to such Bank of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond each Letter of Credit or the obligations hereunder (except for changes in the rate of tax on the overall net income of such Bank imposed by the jurisdiction in which such Bank’s principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such Bank; or (iii) shall impose on Bank any other similar condition affecting such Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining such Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or to reduce the amount received or receivable by such Bank under this Agreement, under such Loan, Standby Letter of Credit, Bond Letter of Credit or hereunder or under the other Loan Documents with respect thereto, by an amount deemed by such Bank to be material, then, within fifteen (15) days after demand by such Bank, Borrower shall pay to such Bank such additional amount or amounts as will compensate such Bank for such increased cost or reduction.

Appears in 1 contract

Samples: Credit Agreement (Sri Surgical Express Inc)

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Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any a Bank with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank to any tax, duty or other charge with respect to any Loanits Loans, Standby Letter of Credit, Bond Letter of Credit its Notes or its obligations hereunderobligation to make Advances, or shall change the basis of taxation of payments to such Bank it of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder Loans or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond Letter of Credit its Loans or the obligations hereunder its obligation to make Advances (except for changes in the rate of tax on the its overall net income of such Bank imposed by the jurisdiction in which such Bank’s its principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such Bankit; or (iii) shall impose on Bank it or the London Interbank Market any other similar condition affecting such Loanits Loans, Standby Letter of Credit, Bond Letter of Credit its Notes or its obligations hereunderobligation to make Advances; and the result of any of the foregoing is to increase the cost to such Bank it of making or maintaining such Loan, Standby Letter any of Credit, Bond Letter of Credit or its obligations hereunderLoans, or to reduce the amount received or receivable by such Bank it under this Agreement, under such Loan, Standby Letter of Credit, Bond Letter of Credit or hereunder its Notes or under the other Loan Documents with respect thereto, by an amount deemed by such Bank it to be material, then, within fifteen (15) days after demand by such Bank, Borrower shall pay to such Bank such additional amount or amounts as will compensate such Bank for such increased cost or reduction.

Appears in 1 contract

Samples: Subordination Agreement (Video Display Corp)

Increased Costs; Reduced Returns. (a) If after the date hereof, a Change of Law or compliance by any Bank with any request or directive (whether or not having the force of law) of any Authority either: (i) shall subject such Bank to any tax, duty or other charge with respect to any Loan, Standby Letter of Credit, Bond the Letter of Credit or its obligations hereunder, or shall change the basis of taxation of payments to such Bank of the principal of or interest on any Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder or any other amounts due under this Agreement or the other Loan Documents in respect of any Loan, Standby Letter of Credit, Bond the Letter of Credit or the its obligations hereunder (except for changes in the rate of tax on the overall net income of such Bank imposed by the jurisdiction in which such Bank’s 's principal executive office is located); or (ii) shall impose, modify or deem applicable any reserve, special deposit insurance or similar requirement (including, without limitation, any such requirements imposed by the Board of Governors of the Federal Reserve System) against assets of, deposits with or for the account of, or credit extended by, such Bank; or (iii) shall impose on the Bank or the London Interbank Market any other similar condition affecting such Loan, Standby Letter of Credit, Bond the Letter of Credit or its obligations hereunder; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining such Loan, Standby Letter of Credit, Bond Letter of Credit or its obligations hereunder, or to reduce the amount received or receivable by such Bank under this Agreement, under such Loan, Standby Letter of Credit, Bond the Letter of Credit or hereunder or under the other Loan Documents with respect thereto, by an amount deemed by such Bank to be material, then, within fifteen (15) days after demand by such Bank, Borrower Company shall pay to such Bank such additional amount or amounts as will compensate such Bank for such increased cost or reduction.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Aaron Rents Inc)

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