Common use of Loss of Margin Clause in Contracts

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law): (i) subjects any Lender, the Administrative Agent or the Collateral Agent to any tax with respect to any amounts payable under this Agreement or the other Loan Documents by Borrower or otherwise with respect to the transactions contemplated under this Agreement or the other Loan Documents (except for taxes on the overall net income of such Lender imposed by the U.S. or any political subdivision thereof); or (ii) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, or similar requirement against assets held by, or deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by any Lender; or (iii) imposes upon any Lender any other condition with respect to extensions of credit or the commitment to make extensions of credit under this Agreement, and the result of any of the foregoing is to increase the costs of such Lender, reduce the income receivable by or return on equity of such Lender or impose any expense upon such Lender in each case related to any extensions of credit made by such Lender or commitments by such Lender to extensions of credit under this Agreement, such Lender shall so notify Borrower in writing. Borrower agrees to pay such Lender the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such Lender’s calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty (20) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate from the due date until paid, both before and after judgment.

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law): (ia) subjects any Lender, member of the Administrative Agent or the Collateral Agent Lender Group to any tax with respect to any amounts payable under this Agreement or the other Loan Documents by Borrower or otherwise with respect to the transactions contemplated under this Agreement or the other Loan Documents (except for taxes on the overall net income of such member of the Lender Group imposed by the U.S. United States of America or any political subdivision thereof); or (iic) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, or similar requirement against assets held by, or deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by by, any Lendermember of the Lender Group; or (iiie) imposes upon any member of the Lender Group any other condition with respect to advances or extensions of credit or the commitment to make advances or extensions of credit under this Agreement, , (g) and the result of any of the foregoing is to increase the costs of such Lendermember of the Lender Group, reduce the income receivable by or return on equity of such member of the Lender Group or impose any expense upon such member of the Lender in each case related Group with respect to any advances or extensions of credit made by such Lender or commitments by such Lender to make advances or extensions of credit under this Agreement, such member of the Lender Group shall so notify Borrower in writing. Borrower agrees to pay such member of the Lender Group the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such member of the Lender Group of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such Lender’s member of the Lender Group's calculation of the amount (in determining such amount such member of the Lender Group may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate from the due date until paid, both before and after judgment. (i) Notwithstanding the foregoing, if any Lender is a "foreign corporation, partnership or trust" within the meaning of the IRC, Borrower shall not be liable for any increase in costs, reduction in income, reduced return on equity or capital, or additional expenses of such Lender related to or arising from such Lender's status as such a "foreign corporation, partnership or trust" unless Borrower has consented to such Lender becoming a Lender under this Agreement.

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive Law or the interpretation or application thereof by any central bank, monetary authority or governmental authority, Official Body or the compliance with any guideline or request of any central bank, monetary authority bank or governmental authority other Official Body (whether or not having the force of lawLaw): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Bank to any tax with respect to any amounts payable under this Agreement Agreement, the Notes or the other Loan Documents by Borrower the Borrowers or otherwise with respect to the transactions contemplated under this Agreement Agreement, the Notes or the other Loan Documents (except for taxes on the overall net income of such Lender the Bank imposed by the U.S. United States of America or any political subdivision thereof); , or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, maintenance or similar requirement against assets held by, or deposits in or for the account of, or loans Loans or advances or commitment to make loans Loans or advances byby the Bank, or letters of credit issued or commitment to issue letters of credit by any Lender; or (iiic) imposes upon any Lender the Bank any other condition with respect to extensions of credit the Loans or the commitment to make extensions of credit Loans made under this Agreement, and the result of any of the foregoing is to materially increase the costs of such Lenderthe Bank, reduce the income receivable by or return on equity of such Lender the Bank or impose any material expense upon such Lender in each case related the Bank with respect to any extensions of credit made by such Lender Loan or commitments by such Lender to extensions of credit make any Loan under this Agreement, such Lender the Bank shall so notify Borrower the Borrowers in writing. Borrower agrees The Borrowers agree to pay such Lender the Bank the actual amount of any such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such Lender the Bank of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such Lenderthe Bank’s calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods)amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate from the due date until paid, both paid (before and after judgment).

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Bank to any tax with respect to any amounts payable under this Agreement or the other Loan Documents by Borrower Borrowers or otherwise with respect to the transactions contemplated under this Agreement or the other Loan Documents (except for taxes on the overall net income of such Lender Bank imposed by the U.S. or any political subdivision thereof); or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, or similar requirement against assets held by, or deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by any LenderBank; or (iiic) imposes upon any Lender Bank any other condition with respect to advances or extensions of credit or the commitment to make advances or extensions of credit under this Agreement, and the result of any of the foregoing is to increase the costs of such LenderBank, reduce the income receivable by or return on equity of such Lender Bank or impose any expense upon such Lender Bank in each case related to any Advances or extensions of credit made by such Lender Bank or commitments by such Lender Bank to make Advances or extensions of credit under this Agreement, such Lender Bank shall so notify Borrower Borrowers in writing. Borrower agrees Borrowers agree to pay such Lender Bank the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten thirty (1030) days after presentation by such Lender Bank of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief reasonable explanation of the amount and such Lender’s Bank's calculation of the amount (in determining such amount such Lender Bank may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty thirty (2030) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate from the due date until paid, both before and after judgment.

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, Official Body or the compliance with any guideline or request of any central bank, monetary authority bank or governmental authority other Official Body (whether or not having the force of law): (i) subjects any Lender, the Administrative Agent or the Collateral Agent Lender to any tax with respect to any amounts payable under this Agreement Agreement, the Notes or the other Loan Documents by Borrower the Borrowers or otherwise with respect to the transactions contemplated under this Agreement Agreement, the Notes or the other Loan Documents (except for taxes on the overall net income of such the Lender imposed by the U.S. United States of America, any foreign government or any political subdivision thereofof any of them); , or (ii) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, maintenance or similar requirement against assets held by, or deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by any by, the Lender; , or (iii) imposes upon any the Lender any other condition with respect to extensions of credit the Loans or the commitment to make extensions of credit Loans made under this Agreement, and the result of any of the foregoing is to increase the costs of such the Lender, reduce the income receivable by or return on equity of such the Lender or impose any expense upon such the Lender in each case related with respect to any extensions of credit made by such Lender Loans or commitments by such Lender to extensions of credit make Loans under this Agreement, such the Lender shall so notify Borrower the Borrowers in writing. Borrower agrees The Borrowers agree to pay such the Lender the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such the Lender’s 's calculation of the amount (in determining such amount such the Lender may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Prime Rate plus three percent (3.0%) per year (computed for the actual number of days elapsed on the basis of a year of 360 days) from the due date until paid, both paid (before and after judgment).

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive Law or the interpretation or application thereof by any central bank, monetary authority or governmental authority, Official Body or the compliance with any guideline or request of any central bank, monetary authority bank or governmental authority other Official Body (whether or not having the force of lawLaw): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Lender to any tax with respect to any amounts payable under this Agreement Agreement, the Note or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement Agreement, the Note or the other Loan Documents (except for taxes on the overall net income of such the Lender imposed by the U.S. United States of America or any political subdivision thereof); , or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, maintenance or similar requirement against assets held by, or deposits in or for the account of, or loans Loans or advances or commitment to make loans Loans or advances byby the Lender, or letters of credit issued or commitment to issue letters of credit by any Lender; or (iiic) imposes upon any the Lender any other condition with respect to extensions of credit the Loans or the commitment to make extensions of credit Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of such the Lender, reduce the income receivable by or return on equity of such the Lender or impose any material expense upon such the Lender in each case related with respect to any extensions of credit made by such Lender Loans or commitments by such Lender to extensions of credit make Loans under this Agreement, such the Lender shall so notify the Borrower in writing. The Borrower agrees to pay such the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such the Lender’s 's calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods)amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate rate set forth in Section 2.02(d) hereof from the due date until paid, both paid (before and after judgment).

Loss of Margin. In the event that any present or future law, -------------- rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Bank to any tax with respect to any amounts payable under this Agreement or the other Loan Documents by Borrower Borrowers or otherwise with respect to the transactions contemplated under this Agreement or the other Loan Documents (except for taxes on the overall net income of such Lender Bank imposed by the U.S. or any political subdivision thereof); or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, or similar requirement against assets held by, or deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by any LenderBank; or (iiic) imposes upon any Lender Bank any other condition with respect to advances or extensions of credit or the commitment to make advances or extensions of credit under this Agreement, and the result of any of the foregoing is to increase the costs of such LenderBank, reduce the income receivable by or return on equity of such Lender Bank or impose any expense upon such Lender Bank in each case related to any Advances or extensions of credit made by such Lender Bank or commitments by such Lender Bank to make Advances or extensions of credit under this Agreement, such Lender Bank shall so notify Borrower Borrowers in writing. Borrower agrees Borrowers agree to pay such Lender Bank the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such Lender Bank of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such Lender’s Bank's calculation of the amount (in determining such amount such Lender Bank may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate from the due date until paid, both before and after judgment.

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive Law or the interpretation or application thereof by any central bank, monetary authority or governmental authority, Official Body or the compliance with any guideline or request of any central bank, monetary authority bank or governmental authority other Official Body (whether or not having the force of lawLaw): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Lender to any tax with respect to any amounts payable under this Agreement Agreement, the Notes or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement Agreement, the Notes or the other Loan Documents (except for taxes on the overall net income of such the Lender imposed by the U.S. United States of America or any political subdivision thereof); , or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, maintenance or similar requirement against assets held by, or deposits in or for the account of, or loans Loans or advances or commitment to make loans Loans or advances byby the Lender, or letters of credit issued or commitment to issue letters of credit by any Lender; or (iiic) imposes upon any the Lender any other condition with respect to extensions of credit the Loans or the commitment to make extensions of credit Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of such the Lender, reduce the income receivable by or return on equity of such the Lender or impose any material expense upon such the Lender in each case related with respect to any extensions of credit made by such Lender Loans or commitments by such Lender to extensions of credit make Loans under this Agreement, such the Lender shall so notify the Borrower in writing. The Borrower agrees to pay such the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10l0) days after presentation by such the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such the Lender’s 's calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods)amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (20l0) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate rate set forth in Section 2.03(d) hereof from the due date until paid, both paid (before and after judgment).

Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive Law or the interpretation or application thereof by any central bank, monetary authority or governmental authority, Official Body or the compliance with any guideline or request of any central bank, monetary authority bank or governmental authority other Official Body (whether or not having the force of lawLaw): (ia) subjects any Lender, the Administrative Agent or the Collateral Agent Lender to any tax with respect to any amounts payable under this Agreement Agreement, the Note or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement Agreement, the Note or the other Loan Documents (except for taxes on the overall net taxable income of such the Lender imposed by the U.S. United States of America or any political subdivision thereof); , or (iib) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance, capital adequacy, maintenance or similar requirement against assets held by, or deposits in or for the account of, or loans Loans or advances or commitment to make loans Loans or advances byby the Lender, or letters of credit issued or commitment to issue letters of credit by any Lender; or (iiic) imposes upon any the Lender any other condition with respect to extensions of credit the Loans or the commitment to make extensions of credit Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of such the Lender, reduce the income receivable by or return on equity of such the Lender or impose any material expense upon such the Lender in each case related with respect to any extensions of credit made by such Lender Loans or commitments by such Lender to extensions of credit make Loans under this Agreement, such the Lender shall so notify the Borrower in writing. The Borrower agrees to pay such the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by such the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such the Lender’s calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods)amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within twenty ten (2010) days after such presentation of such statement, interest will be payable on the unpaid amount at the Default Rate rate set forth in Section 2.02(d) hereof from the due date until paid, both paid (before and after judgment).