Common use of Payments in Respect of Increased Costs Clause in Contracts

Payments in Respect of Increased Costs. (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) or any change in generally accepted accounting principles or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer or any Lender shall (i) impose, modify or make applicable to the Agent, the Letter of Credit Issuer or any Lender any reserve, special deposit or similar requirement with respect to its obligations under this Article IIA or any Letter of Credit, (ii) impose on the Agent, the Letter of Credit Issuer or any Lender any other condition with respect to its obligations under this Article IIA or any Letter of Credit, or (iii) subject the Agent, the Letter of Credit Issuer or any Lender to any tax (other than (x) taxes imposed on the overall net income of the Agent, the Letter of Credit Issuer or such Lender and (y) franchise taxes imposed on the Agent, the Letter of Credit Issuer or such Lender, in either case by the jurisdiction in which the Agent, the Letter of Credit Issuer or such Lender, as appropriate, has its principal office or lending office or any political subdivision or taxing authority of any such jurisdiction), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer or such Lender of maintaining such Letter of Credit or making any payment under such Letter of Credit or this Article IIA or to reduce the amount of principal, interest or any fee or compensation receivable by the Agent, the Letter of Credit Issuer or such Lender in respect of this Article IIA or such Letter of Credit, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer or such Lender for such additional costs or reduction shall be paid to the Agent for its benefit or the benefit of the Letter of Credit Issuer or such Lender by the Borrowers. Each Lender agrees to give notice to the Borrowers and the Agent of any such change in law, regulation, interpretation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIA.

Payments in Respect of Increased Costs. (a) A. Notwithstanding any other provision hereinhereof, if after the date Effective Date of this Second Restated Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority Governmental Authority charged with the interpretation or administration thereof (whether or not having the force of law) or any change in generally accepted accounting principles GAAP or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer Agent or any Lender shall (i) impose, modify or make applicable to the Agent, the Letter of Credit Issuer Agent or any Lender any reserve, special deposit or similar requirement with respect to its obligations under this Article IIA or any Letter of Credithereunder, (ii) impose on the Agent, the Letter of Credit Issuer Agent or any Lender any other condition with respect to its obligations under this Article IIA or any Letter of Credithereunder, or (iii) subject the Agent, the Letter of Credit Issuer Agent or any Lender to any tax (other than (x) {a} taxes imposed on the overall net income of the Agent, the Letter of Credit Issuer Agent or such Lender Lender, and (y) {b} franchise taxes imposed on the Agent, the Letter of Credit Issuer Agent or such Lender, in either case by the jurisdiction in which the Agent, the Letter of Credit Issuer Agent or such Lender, as appropriate, Lender has its principal office or lending office or any political subdivision or taxing authority of any such jurisdiction), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer or such Lender of maintaining such Letter of Credit or making any payment under such Letter of Credit or this Article IIA Agent hereunder or to reduce the amount of principal, interest or any fee or compensation receivable by the Agent, the Letter of Credit Issuer Agent or such Lender in respect of this Article IIA or such Letter of Credithereunder, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer Agent or such Lender for such additional costs or reduction shall be paid to the Agent for its benefit or the benefit of the Letter of Credit Issuer or such Lender by the Borrowers. Each Lender agrees to give notice to the Borrowers and the Agent of any such change in law, regulation, interpretation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIATransactions.

Payments in Respect of Increased Costs. (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) or any change in generally accepted accounting principles or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer Issuing Lender or any Lender shall (i) impose, modify or make applicable to the Agent, the Letter of Credit Issuer Issuing Lender or any Lender any reserve, special deposit or similar requirement with respect to its obligations under this Article IIA or any Letter of Credit, (ii) impose on the Agent, the Letter of Credit Issuer Issuing Lender or any Lender any other condition with respect to its obligations under this Article IIA or any Letter of Credit, or (iii) subject the Agent, the Letter of Credit Issuer Issuing Lender or any Lender to any tax (other than (x) taxes imposed on the overall net income of the Agent, the Letter of Credit Issuer Issuing Lender or such Lender and (y) franchise taxes imposed on the Agent, the Letter of Credit Issuer Issuing Lender or such Lender, in either case by the jurisdiction in which the Agent, the Letter of Credit Issuer Issuing Lender or such Lender, as appropriate, Lender has its principal office or lending office or any political subdivision or taxing authority of any such jurisdiction), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer Issuing Lender or such Lender of maintaining such Letter of Credit or making any payment under such Letter of Credit or this Article IIA or to reduce the amount of principal, interest or any fee or compensation receivable by the Agent, the Letter of Credit Issuer Issuing Lender or such Lender in respect of this Article IIA or such Letter of Credit, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer Issuing Lender or such Lender for such additional costs or reduction shall be paid by Chock to the Agent for its benefit or Agent, the benefit of the Letter of Credit Issuer Issuing Lender or such Lender. The Issuing Lender by the Borrowers. Each and each Lender agrees to give notice to the Borrowers Chock and the Agent of any such change in law, regulation, interpretation interpre- tation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIA.

Payments in Respect of Increased Costs. (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) or any change in generally accepted accounting principles or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer Issuing Bank or any Lender shall (ia) impose, modify or make applicable to the Agent, the Letter of Credit Issuer Issuing Bank or any Lender any reserve, special deposit or similar requirement require ment with respect to its obligations under this Article IIA III or any Letter the Letters of Credit, (iib) impose on the Agent, the Letter of Credit Issuer Issuing Bank or any Lender any other condition with respect to its obligations under this Article IIA III or any Letter the Letters of Credit, or (iiic) subject the Agent, the Letter of Credit Issuer Issuing Bank or any Lender to any tax (other than (x) taxes imposed on the overall net income of the Agent, the Letter of Credit Issuer Issuing Bank or such Lender and (y) franchise taxes imposed on the Agent, the Letter of Credit Issuer Issuing Bank or such Lender, in either case by the country or other jurisdiction in which the Agent, the Letter of Credit Issuer Issuing Bank or such Lender, as appropriate, Lender has its principal office or lending office or by any political subdivision or taxing authority of any such jurisdictioneither thereof), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer Issuing Bank or such Lender of maintaining such any Letter of Credit or making any payment under such a Letter of Credit or this Article IIA III or to reduce the amount of principal, interest or any fee or compensation receivable by the Agent, the Letter of Credit Issuer Issuing Bank or such Lender in respect of this Article IIA III or such any Letter of Credit, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer Issuing Bank or such Lender for such additional costs or reduction shall be paid to the Agent for its benefit or the benefit of the Letter of Credit Issuer Issuing Bank or such Lender by the BorrowersBorrowers upon demand. Each Lender agrees to give notice to the Borrowers and the Agent Borrower of any such change in law, regulation, interpretation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIATransactions.

Payments in Respect of Increased Costs. (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) ), or any change in generally accepted accounting principles or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer Agent or any Lender Lender, shall (i) impose, modify or make applicable to the Agent, the Letter of Credit Issuer Agent or any Lender any reserve, special deposit or similar requirement with respect to its obligations under this Article IIA III or any Letter of CreditCredit or Acceptance Draft, (ii) impose on the Agent, the Letter of Credit Issuer Agent or any Lender any other condition with respect to its obligations under this Article IIA III or any Letter of CreditCredit or Acceptance Draft, or (iii) subject the Agent, the Letter of Credit Issuer Agent or any Lender to any tax (other than (x) taxes imposed on an the overall net income of the Agent, the Letter of Credit Issuer Agent or such Lender and (y) franchise taxes imposed on the Agent, the Letter of Credit Issuer Agent or such Lender, in either case by the jurisdiction in which the Agent, the Letter of Credit Issuer Agent or such Lender, as appropriate, Lender has its principal office or lending office or any political subdivision or taxing authority of any such jurisdiction), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer Agent or such Lender of maintaining such Letter of Credit or Acceptance Draft or making any payment under such Letter of Credit or Acceptance Draft or this Article IIA III or to reduce the amount of principal, interest or any fee or compensation receivable by the Agent, the Letter of Credit Issuer Agent or such Lender in respect of this Article IIA III or such Letter of CreditCredit or Acceptance Draft, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer Agent or such Lender for such additional costs or reduction shall be paid to the Agent for its benefit or the benefit of the Letter of Credit Issuer or such Lender by the BorrowersBorrower. Each Lender agrees to give notice to the Borrowers Borrower and the Agent of any such change in law, regulation, interpretation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIAIII.

Payments in Respect of Increased Costs. (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof (whether or not having the force of law) ), or any change in generally accepted accounting principles or regulatory accounting principles applicable to the Agent, the Letter of Credit Issuer Agent or any Lender Lender, shall (i) impose, modify or make applicable to the Agent, the Letter of Credit Issuer Agent or any Lender any reserve, special deposit or similar requirement with respect to its obligations under this Article IIA III or any Letter of CreditCredit or Acceptance Draft, (ii) impose on the Agent, the Letter of Credit Issuer Agent or any Lender any other condition with respect to its obligations under this Article IIA III or any Letter of CreditCredit or Acceptance Draft, or (iii) subject the Agent, the Letter of Credit Issuer Agent or any Lender to any tax (other than (x) taxes imposed on the overall net income of the Agent, the Letter of Credit Issuer Agent or such Lender and (y) franchise taxes imposed on the Agent, the Letter of Credit Issuer Agent or such Lender, in either case by the jurisdiction in which the Agent, the Letter of Credit Issuer Agent or such Lender, as appropriate, Lender has its principal office or lending office or any political subdivision or taxing authority of any such jurisdiction), charge, fee, deduction or withholding of any kind whatsoever, and the result of any of the foregoing shall be to increase the cost to the Agent, the Letter of Credit Issuer Agent or such Lender of maintaining such Letter of Credit or Acceptance Draft or making any payment under such Letter of Credit or Acceptance Draft or this Article IIA III or to reduce the amount of principal, interest or any fee or compensation receivable receiv- able by the Agent, the Letter of Credit Issuer Agent or such Lender in respect of this Article IIA III or such Letter of CreditCredit or Acceptance Draft, then such additional amount or amounts as will compensate the Agent, the Letter of Credit Issuer Agent or such Lender for such additional costs or reduction shall be paid to the Agent for its benefit or the benefit of the Letter of Credit Issuer or such Lender by the BorrowersBorrower. Each Lender agrees to give notice to the Borrowers Borrower and the Agent of any such change in law, regulation, interpretation or administration with reasonable promptness after becoming actually aware thereof and of the applicability thereof to the transactions contemplated in this Article IIAIII.