Interest Protection. (a) If due to either: (i) the introduction of or any change (including, without limitation, any change by way of imposition or increase of reserve requirements) in or in the interpretation by any Governmental Authority of any law or regulation (other than laws or regulations relating to taxes) after the date hereof or (ii) the compliance by the Lender the Lender with any directive or request from any central bank or other Governmental Authority (whether or not having the force of law) imposed after the date hereof, (1) there shall be an increase in the cost to the Lender of funding or maintaining any Revolving Loan hereunder or of extending a commitment in respect thereof, or (2) the Lender shall be required to make a payment calculated by reference to any Revolving Loan funded by it or Interest received by it, then the Borrower shall, from time to time, within thirty (30) days after demand by the Lender, pay the Lender, that portion of such increased costs incurred, amounts not received or required payment made or to be made, which the Lender reasonably determines is attributable to funding and maintaining, or extending a commitment to fund, any Revolving Loan hereunder.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)
Interest Protection. (a) If due to either: (i) the introduction of or any change (including, without limitation, any change by way of imposition or increase of reserve requirements) in or in the interpretation by any Governmental Authority of any law or regulation (other than laws or regulations relating to taxes) after the date hereof or (ii) the compliance by the Lender the Lender with any directive or request from any central bank or other Governmental Authority (whether or not having the force of law) imposed after the date hereof, (1) there shall be an increase in the cost to the Lender of funding or maintaining any Revolving Loan hereunder or of extending a commitment in respect thereof, or (2) the Lender shall be required to make a payment calculated by reference to any Revolving Loan funded by it or Interest received by it, then the Borrower shall, from time to time, within thirty (30) days after demand by the - 43 - Lender, pay the Lender, that portion of such increased costs incurred, amounts not received or required payment made or to be made, which the Lender reasonably determines is attributable to funding and maintaining, or extending a commitment to fund, any Revolving Loan hereunder.
Appears in 1 contract