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

Increased LIBO Rate Loan Costs, etc. The 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 Secured Party in respect of, such Secured Party’s Commitments hereunder (including the continuing or maintaining any Loans as, or of converting (or of its obligation to convert) any Loans into, LIBO Rate Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase in after the Closing Date of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority; provided, however, that any such changes with respect to increased capital costs and Taxes shall be subject to and governed by the terms of Sections 4.5 and 4.6, respectively. Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower directly to such Secured Party 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 Borrower.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD)

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Increased LIBO Rate Loan Costs, etc. The Borrower agrees Borrowers agree to reimburse each Lender Secured Party for any increase in the cost to such Lender Secured Party of, or any reduction in the amount of any sum receivable by such Secured Party in respect of, such Secured Party’s Commitments Loans hereunder (including the making, continuing or maintaining (or of its obligation to make or continue) any Loans as, or of converting (or of its obligation to convert) any Loans into, LIBO Rate Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase in after the Closing Date of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority; provided, however, that any except for such changes with respect to increased capital costs and Taxes shall be subject to and (which are governed by the terms of Sections 4.5 and 4.6Section 4.5), respectivelyany Indemnified Taxes or any Excluded Taxes. Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower Borrowers in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower Borrowers directly to such Secured Party 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 BorrowerBorrowers.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Standard Register Co), Second Lien Credit Agreement (Standard Register Co)

Increased LIBO Rate Loan Costs, etc. The Borrower agrees Borrowers agree 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 Secured Party in respect of, such Secured Party’s Commitments and the making of Credit Extensions hereunder (including the making, continuing or maintaining (or of its obligation to make or continue) any Loans as, or of converting (or of its obligation to convert) any Loans into, LIBO Rate Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase phase-in after the Closing Effective Date of, any law or regulation, directive, guideline, decision Applicable Law or request (whether or not having the force of law) of any Governmental Authority; provided, however, that any except for such changes with respect relative to increased capital costs and Taxes shall be subject to and which are governed by the terms of Sections 4.5 and 4.6, respectively. Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower Borrowers in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower Borrowers directly to such Secured Party 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 BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Increased LIBO Rate Loan Costs, etc. The Borrower agrees Borrowers agree to jointly and severally 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 Secured Party in respect ofof the making, such Secured Party’s Commitments hereunder (including the continuing or maintaining of any Second-Lien Loans as, or of converting (or of its obligation to convert) any Second-Lien Loans into, LIBO Rate Loans) Loans that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase phase-in after the Closing Date date hereof of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority; provided, however, Authority that occurs after the Closing Date except for any such changes with respect to increased capital costs and Taxes shall be subject to and (which are governed by the terms of Sections 4.5 and 4.6, respectively). Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower Borrowers in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower Borrowers jointly and severally directly to such Secured Party 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 BorrowerBorrowers.

Appears in 1 contract

Samples: Second Lien Credit Agreement (WRC Media Inc)

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Increased LIBO Rate Loan Costs, etc. The 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 Secured Party in respect of, such Secured Party’s Commitments and the making of Credit Extensions hereunder (including the making, continuing or maintaining (or of its obligation to make or continue) any Loans as, or of converting (or of its obligation to convert) any Loans into, LIBO Rate Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase phase-in after the Closing Effective Date of, any law or regulation, directive, guideline, decision Applicable Law or request (whether or not having the force of law) of any Governmental Authority; provided, however, that any except for such changes with respect relative to increased capital costs and Taxes shall be subject to and which are governed by the terms of Sections 4.5 and 4.6, respectively. Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower directly to such Secured Party 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 Borrower.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

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