Mandatory Cost. Each Borrower shall, on demand by the Lender, pay to the Lender, such amount which the Lender certifies in a notice to the Borrowers to be its good faith determination of the amount necessary to compensate it for complying with: (a) if the Lender is lending from a Facility Office in a Participating Member State, the minimum reserve requirements (or other requirements having the same or similar purpose) of the European Central Bank (or any other authority or agency which replaces all or any of its functions) in respect of loans made from that Facility Office; and (b) if the Lender is lending from a Facility Office in the United Kingdom, any reserve asset, special deposit or liquidity requirements (or other requirements having the same or similar purpose) of the Bank of England (or any other governmental authority or agency) and/or paying any fees to the Financial Conduct Authority and/or the Prudential Regulation Authority (or any other governmental authority or agency which replaces all or any of their functions), which, in each case, is referable to the Loan.
Appears in 3 contracts
Samples: Term Loan Facility (Seanergy Maritime Holdings Corp.), Term Loan Facility (Diana Shipping Inc.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Mandatory Cost. Each The Borrower shall, on demand by the LenderAgent, pay to the Agent for the account of the relevant Lender, such amount which the any Lender certifies in a notice to the Borrowers Agent to be its good faith determination of the amount necessary to compensate it for complying with:
(a) if in the case of a Lender is lending from a Facility Office an office in a Participating Member State, the minimum reserve requirements (or other requirements having the same or similar purpose) of the European Central Bank (or any other authority or agency which replaces all or any of its functions) in respect of loans made from that Facility Officeoffice; and
(b) if in the case of any Lender is lending from a Facility Office an office in the United Kingdom, any reserve asset, special deposit or liquidity requirements (or other requirements having the same or similar purpose) of the Bank of England (or any other governmental authority or agency) and/or paying any fees to the Financial Conduct Authority and/or the Prudential Regulation Authority (or any other governmental authority or agency which replaces all or any of their functions), which, in each case, is referable to that Lender's participation in the Loan.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)