Common use of Increased Fixed Rate Loan Costs, etc Clause in Contracts

Increased Fixed Rate Loan Costs, etc. The applicable Borrower agrees to reimburse each Lender for any increase in the cost to such Lender of, or any reduction in the amount of any sum receivable by such Lender in respect of, making, continuing or maintaining (or of its obligation to make, continue or maintain) any Loans as, or of converting (or of its obligation to convert) any Loans into, Fixed Rate Loans (excluding any amounts, whether or not constituting Taxes, referred to in Section 4.6) arising as a result of any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any court, central bank, regulator or other governmental authority that occurs after (i) in the case of any such increased costs or reduced return in respect of Committed Loans, the date upon which such Lender became a Lender hereunder and (ii) in the case of any such increased costs or reduced return in respect of Uncommitted Revolving Loans, the date on which such Lender submitted an Uncommitted Interest Quote with respect to such Uncommitted Revolving Loan pursuant to Section 2.4. Such Lender shall promptly notify the Administrative Agent and the Company in writing of the occurrence of any such event, and such notice shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Lender for such increased cost or reduced amount. Such additional amounts shall be payable by the applicable Borrower directly to such Lender within five days of its receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on the Borrowers.

Increased Fixed Rate Loan Costs, etc. The applicable Borrower further agrees to reimburse each Lender Bank for any increase in the cost to such Lender of, or any reduction in the amount Bank of any sum receivable by such Lender in respect of, making, continuing continuing, or maintaining (or of its obligation to make, continue continue, or maintain) any portion of the principal amount of any of its Loans as, or of converting (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans and for any reduction in the amount of any sum receivable by such Bank hereunder in respect of making, continuing, or maintaining any portion of the principal amount of any of its Loans as, or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, in either case, from time to time by reason of: (excluding a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), any amountsreserve, whether special deposit, or not constituting Taxessimilar requirement against assets of, referred deposits with or for the account of, or credit extended by, such Bank, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation), or requirement in Section 4.6) arising effect on the date hereof, or as a the result of any change inRegulatory Change; or (b) any Regulatory Change which shall subject such Bank to any tax (other than taxes on net income), levy, impost, charge, fee, duty, deduction, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) withholding of any court, central bank, regulator kind whatsoever or other governmental authority that occurs after (i) in change the case taxation of any such increased costs Loan made or reduced return in respect of Committed Loansmaintained as a Fixed Rate Loan and the interest thereon (other than any change which affects, and to the extent that it affects, the date upon which such Lender became a Lender hereunder and (ii) in the case taxation of net income). In any such increased costs or reduced return in respect of Uncommitted Revolving Loansevent, the date on which such Lender submitted an Uncommitted Interest Quote with respect to such Uncommitted Revolving Loan pursuant to Section 2.4. Such Lender Bank shall promptly notify the Administrative Agent and the Company in writing of the occurrence of any such event, and such notice shall state, in reasonable detail, Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender Bank for such increased cost or reduced amount. Such additional amounts shall be payable by the applicable Borrower directly to such Lender within five days of its on demand after receipt of such notice, . A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Bank to the Agent and such notice the Borrower and shall, in the absence of manifest error, be conclusive and binding on the BorrowersBorrower.

Increased Fixed Rate Loan Costs, etc. The applicable Borrower agrees to reimburse each Lender for any increase in the cost to such Lender of, or any reduction in in, the amount of any sum receivable by such Lender in respect of, making, continuing or maintaining (or of its obligation to make, continue or maintain) any Loans as, or of converting (or of its obligation to convert) any Loans into, Fixed Rate Loans (excluding such increases in costs and reductions in amounts receivable, after taking into account such Lender's estimate, which shall be conclusive if given in good faith, of the net tax benefit, if any, realized by such Lender from such additional costs and reductions, being herein called "Additional Costs"), resulting from any amounts, whether or not constituting Taxes, referred to in Section 4.6) arising as a result of any change in, or Regulatory Change after the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any court, central bank, regulator or other governmental authority that occurs after Effective Date which: (i) in changes the case basis of taxation of any amounts payable to such increased costs or reduced return Lender under this Agreement in respect of Committed Loans, any of such Fixed Rate Loans (other than taxes imposed on the date upon overall net income of such Lender for any such Fixed Rate Loans by the jurisdiction in which such Lender became a Lender hereunder and has its principal office) or (ii) in the case imposes or modifies (without duplication of any such increased costs other amount required to be paid hereunder) any reserve, special deposit, minimum capital, capital ratio or reduced return in respect of Uncommitted Revolving Loans, similar requirements relating to the date on which making by such Lender submitted of any Fixed Rate Loans (including any increase in cost to a Lender by reason of an Uncommitted Interest Quote with respect increase in any reserve requirement specified from time to such Uncommitted Revolving Loan pursuant time by the F.R.S. Board and applicable to Section 2.4"Eurodollar Liabilities" as defined in Regulation D of the F.R.S. Board or other similar reserve requirements affecting Eurodollar deposits). Such Lender shall promptly notify the Administrative Agent and the Company Borrower in writing of the occurrence of any such event, and such notice shall to state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Lender for such increased cost or reduced amountAdditional Costs. Such additional amounts Additional Costs shall be payable by the applicable Borrower directly to such Lender within five thirty days of its the Borrower's receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on the BorrowersBorrower.