No Increased Costs. 26.8 No Participant or Transferee shall be entitled to receive any greater payment under Clause 12 (Increased Costs) and 10 (Taxes) than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant or the Lender interest transferred.
No Increased Costs. The Borrower shall not be required to pay to the relevant assignee Lender an amount pursuant to Section 3.01 or Section 3.04 in excess of the amount that the Borrower would have been required to pay to the assigning Lender if the relevant assignment had not been made.
No Increased Costs. Despite anything to the contrary in this Agreement, if a Lender assigns its rights under this Agreement, the Borrower will not be required to pay any net increase in the total amount of costs, Taxes, fees or charges which is a direct consequence of the assignment and of which the Lender or its assignee was aware or ought reasonably to have been aware on the date of the assignment or change. For this purpose only a substitution under Clause 34.3 (SUBSTITUTION CERTIFICATES) will be regarded as an assignment.
No Increased Costs. XXX shall impose no net, increased incremental costs upon the projects. The Management Agencies and Project Agencies shall develop a financing plan to cover all costs of the EWA from non- contractor funding sources. The plan may include the establishment of a revolving account with annual deposits to pay for fluctuating EWA costs. The plan shall address increased Project operating costs, both power and ancillary costs, of both the SWP and CVP resulting from implementation of the EWA; crediting the EWA as appropriate for reduced operating costs; crediting the EWA for certain power benefits; and revenues realized from the sale of EWA assets. The Management Agencies and Project Agencies shall develop and recommend this plan, including any necessary legislation, to the CALFED Policy Group within 90 days following the adoption of the ROD. Considering the importance of acquiring water to the success of the EWA, the Project Agencies and Management Agencies shall meet and confer to develop alternatives for funding power and other incidental EWA costs, if such costs interfere with the successful operation of the EWA.
No Increased Costs. For so long as no Event of Default shall have occurred and is continuing at the time of such assignment, none of the Loan Parties shall be required to pay to the relevant assignee any amounts pursuant to Section 3.01(a) or Section 3.04 in excess of the amount that any Loan Party would have been required to pay to the assigning Lender if such assignment had not been made, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the time of such assignment. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower and the other Loan Parties (at their expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.
No Increased Costs. Despite anything to the contrary in this Agreement, if the Lender assigns its rights under this Agreement or changes its Lending Office, the Borrower will not be required to pay any net increase in the total amount of costs, Taxes, fees or charges which is a direct result of the assignment or change and of which the Lender or its assignee was aware or ought reasonably to have been aware on the date of the assignment or change.
No Increased Costs. .........................................................1
No Increased Costs. If any assignment or transfer of all or any part of the rights or obligations of a Participating Bank pursuant to this clause 27 or if any change in or substitution of a Participating Bank's Facility Office would, but for this clause 27, result, as a consequence of circumstances prevailing or foreseeable at that time, in any Obligor having any obligation to pay any -150- amount under clause 11.1 (Tax Gross-Up) or clause 12.1 (Increased Costs) then, unless such assignment, transfer or change in or substitution of Facility Office arises as a consequence of the provisions of clause 14.1 (Mitigation) or is made with the written consent of Partner, the assignee, or Transferee or Participating Bank acting through its new Facility Office shall be entitled to receive such amounts only to that extent that the relevant assignor, or transferor or Participating Bank acting through its relevant Facility Office would have been so entitled had there been no assignment, or transfer, change in or substitution of Facility Office (as the case may be).
No Increased Costs. Notwithstanding anything to the contrary in this Agreement, if the Lender or BNZ, assigns its rights or transfers any or all of its rights and obligations under this Agreement or changes its Lending Office or the BNZ Lending Office as the case may be, neither the Borrowers nor Xxxxxx'x Brewing Group shall be required to pay any net increase in the aggregate amount of costs, Taxes, fees or charges which is a direct consequence of the assignment or transfer or change of Lending Office or the BNZ Lending Office and of which the Lender or BNZ, as the case may be, or its assignee or transferee (as applicable) was aware or ought reasonably to have been aware on the date of the assignment, transfer or change.
No Increased Costs. For so long as no Event of Default shall have occurred and is continuing at the time of such assignment, the Borrowers shall not be required to pay to the relevant assignee any amounts pursuant to Section 3.01(a) or Section 3.04 in excess of the maximum amounts that the Borrowers would have been obligated to pay to the assigning Lender if the assigning Lender had not assigned such Loan to such assignee, unless the circumstances giving rise to such excess payment result from a Change in Law after the date of such assignment; provided, however, that with respect to any assignment of Loans made (or assigned) by the Arrangers (or any assignee thereof) in respect of Tranche A Loans, Tranche B Loans or Incremental Loans, if the applicable Mexican withholding tax imposed on interest payments to such Arrangers (or any assignee thereof) is less than 4.9% at the date of such assignment and no Event of Default shall have occurred and be continuing at the date of such assignment, the Borrowers shall only be required to pay the relevant assignee amounts pursuant to Section 3.01(b) with respect to Mexican withholding tax up to a maximum withholding tax rate of 4.9%.
