Common use of Increased Loan Costs, etc Clause in Contracts

Increased Loan Costs, etc. (a) The U.S. Borrower agrees to reimburse each U.S. Lender for any increase in the cost to such U.S. Lender of, or any reduction in the amount of any sum receivable by such U.S. Lender in respect of, such U.S. Lender's Commitments hereunder in respect of Eurodollar Loans made to it (including the making, continuing or maintaining (or of such U.S. Lender's obligation to make or continue) any Eurodollar Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in after the Original Closing Date (or, with respect to any U.S. Lender that became a U.S. Lender on or subsequent to the Amendment Effective Date, after the Amendment Effective Date) of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority, except for such changes with respect to increased capital costs and Taxes which are governed by Sections 4.5 and 4.6, respectively. Each affected U.S. Lender shall promptly notify the U.S. Administrative Agent and the U.S. Borrower in writing of the occurrence of any such event, stating, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such U.S. Lender for such increased cost or reduced amount. Such additional amounts shall be payable by the U.S. Borrower directly to such U.S. 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 U.S. Borrower.

Appears in 4 contracts

Samples: Credit Agreement (AMH Holdings, Inc.), Credit Agreement (AMH Holdings, Inc.), Credit Agreement (Associated Materials Inc)

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Increased Loan Costs, etc. (a) The U.S. Borrower agrees to reimburse each U.S. Lender for any increase in the cost to such U.S. Lender of, or any reduction in the amount of any sum receivable by such U.S. Lender in respect of, such U.S. Lender's Commitments hereunder in respect of Eurodollar Loans made to it (including the making, continuing or maintaining (or of such U.S. Lender's its obligation to make make, continue or continuemaintain) any Eurodollar LoansU.S. Loans as, or of converting (or of its obligation to convert) any U.S. 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 Original Closing Date (or, with respect to any U.S. Lender that became a U.S. Lender on or subsequent to the Amendment Effective Date, after the Amendment Effective Date) date hereof of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authoritycourt, central bank, regulator or other governmental authority, except for such changes with respect to increased capital costs and Taxes taxes which are governed by Sections 4.5 SECTIONS 6.5 and 4.66.6, respectively. Each affected Such U.S. Lender shall promptly notify the U.S. Administrative Agent and the U.S. Borrower in writing of the occurrence of any such event, statingsuch notice to state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate fully such U.S. Lender for such increased cost or reduced amount. Such additional amounts shall be payable by the U.S. Borrower directly to such U.S. 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 U.S. Borrower. Without limiting the foregoing, in the event that, as a result of any such change, introduction, adoption or the like described above, the LIBOR Reserve Percentage decreases for any U.S. Lender's LIBO Rate Loans, such U.S. Lender shall give prompt notice thereof in writing to the U.S. Agent and the U.S. Borrower. On the fifth day following delivery of such notice, the LIBO Rate (Reserve Adjusted) attributable to such U.S. Lender's LIBO Rate Loans shall be adjusted to give the U.S. Borrower the benefit of such decrease (for so long as such decrease shall remain in effect).

Appears in 2 contracts

Samples: Credit Agreement (Leiner Health Products Inc), Credit Agreement (Leiner Health Products Inc)

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