Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which interest rate on Eurocurrency Committed Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such Loans, additional interest on the related Eurocurrency Committed Loan of such Lender at a rate per annum up to but not exceeding the excess of (i)(A) the applicable Eurocurrency Base Rate divided by (B) one minus the Reserve Requirement over (ii) the applicable Eurocurrency Base Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences at least three Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurocurrency Committed Loans a certificate setting forth the amount to which such Lender is then entitled under this Section.
Appears in 3 contracts
Samples: Assignment Agreement (Servicemaster Co), Credit Agreement (Servicemaster LTD Partnership), Credit Agreement (Servicemaster LTD Partnership)
Regulation D Compensation. For so long as any Lender Bank maintains reserves against "“Eurocurrency liabilities" ” (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Bank to United States residents), and as a result the cost to such Lender Bank (or its Applicable Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender Bank may require the Borrower applicable Account Parties to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Loan Euro-Dollar Loans of such Lender Bank at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Rate Adjusted LIBOR rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base RateAdjusted LIBOR rate. Any Lender Bank wishing to require payment of such additional interest (x) shall so notify the Borrower applicable Account Parties and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender Bank shall be payable to such Lender Bank at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower applicable Account Parties at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer’s certificate setting forth the amount to which such Lender Bank is then entitled under this SectionSection (which shall be consistent with such Bank’s good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the applicable Account Parties may reasonably request as to the computation set forth therein.
Appears in 2 contracts
Samples: Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp)
Regulation D Compensation. For During the Term, for so long as any Lender maintains the ------------------------- Lessor (or FBTC) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which includes include deposits by reference to which interest rate on Eurocurrency Committed Loans the Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender the Lessor to United States residents), and and, as a result result, the cost to such Lender the Lessor (or its Lending InstallationFunding Office) of making or maintaining any of its Eurocurrency Committed Loans Advances is increased, then such Lender the Lessor may require the Borrower Lessee to pay, contemporaneously with each payment of interest on such LoansRent, an additional interest on the related Eurocurrency Committed Loan of such Lender amount at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Eurodollar Rate divided by (B) one minus the ----- Eurocurrency Reserve Requirement over Requirements and (ii) the applicable Eurocurrency Base Eurodollar Rate. Any Lender wishing In the event that the Lessor wishes to require payment of such additional interest amount, the Lessor (x) shall so notify the Borrower and the Administrative AgentLessee, in which case such additional interest on the Eurocurrency Committed Loans of such Lender Rent shall be payable to such Lender the Lessor at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Borrower Lessee at least five Business Days prior to each date on which interest Rent is payable on the Eurocurrency Committed Loans a certificate setting forth the amount to which such Lender it is then entitled under this SectionSection (which shall be consistent with its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein.
Appears in 2 contracts
Samples: Brookdale Living Communities Inc, Brookdale Living Communities Inc
Regulation D Compensation. For During the Term, for so long as any Lender maintains the Lessor (or Bank Hapoalim B.M.) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which includes include deposits by reference to which interest rate on Eurocurrency Committed Loans the Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender the Lessor to United States residents), and and, as a result result, the cost to such Lender the Lessor (or its Lending InstallationFunding Office) of making or maintaining any of its Eurocurrency Committed Loans Advances is increased, then such Lender the Lessor may require the Borrower Lessee to pay, contemporaneously with each payment of interest on such LoansRent, an additional interest on the related Eurocurrency Committed Loan of such Lender amount at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirement over Requirements and (ii) the applicable Eurocurrency Base Eurodollar Rate. Any Lender wishing In the event that the Lessor wishes to require payment of such additional interest amount, the Lessor (x) shall so notify the Borrower and the Administrative AgentLessee, in which case such additional interest on the Eurocurrency Committed Loans of such Lender Rent shall be payable to such Lender the Lessor at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Borrower Lessee at least five Business Days prior to each date on which interest Rent is payable on the Eurocurrency Committed Loans a certificate setting forth the amount to which such Lender it is then entitled under this SectionSection (which shall be consistent with its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein.
Appears in 2 contracts
Samples: Lease (Brookdale Living Communities Inc), Lease (Brookdale Living Communities Inc)
Regulation D Compensation. For so long as any In the event that a Lender maintains is required to maintain reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits the type contemplated by reference to which interest rate on Eurocurrency Committed Loans is determined or any category the definition of extensions of credit or other assets which includes loans by a non“Euro-United States office of such Lender to United States residents)Dollar Reserve Percentage”, and as a result the cost to such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to notify the Borrower at least five three Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a certificate setting forth of the amount to which such Lender is then entitled due it under this Section. Each such notification shall be accompanied by such information as the Borrower may reasonably request. “Euro-Dollar Reserve Percentage” means for any day, that percentage (expressed as a decimal) which is in effect on such day, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the maximum reserve requirement for a member bank of the Federal Reserve System in New York City with deposits exceeding five billion dollars in respect of “Eurocurrency liabilities” (or in respect of any other category of liabilities which includes deposits by reference to which the interest rate on Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of any Lender to United States residents).
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Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Euro-Dollar Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an Officer's certificate setting forth the amount to which such Lender is then entitled under this SectionSection (which shall be consistent with such Lender's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Borrower may reasonably request as to the computation set forth therein.
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Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which interest rate on Eurocurrency Committed Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increasedincreased or any amount received in connection therewith is reduced, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such Loans, additional interest on the related Eurocurrency Committed Loan of such Lender at a rate per annum up to but not exceeding the excess of (i)(A) the applicable Eurocurrency Base Rate divided by (B) one minus the Reserve Requirement over (ii) the applicable Eurocurrency Base Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences at least three Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurocurrency Committed Loans a certificate setting forth the amount to which such Lender is then entitled under this SectionSection 2.05(o).
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Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Applicable Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro- Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer's certificate setting forth in reasonable detail the amount to which such Lender is then entitled under this SectionSection 2.16 (which shall be consistent with such Lender's good faith estimate of the level at which the related reserves are maintained by it).
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Regulation D Compensation. For so long as any Lender Bank maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Bank to United States residents), and as a result the cost to such Lender Bank (or its Euro- Currency Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Currency Loans is increased, then such Lender Bank may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Currency Loans, additional interest on the related Eurocurrency Committed Euro-Currency Loan of such Lender Bank at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender Bank wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Currency Loans of such Lender Bank shall be payable to such Lender Bank at the place indicated in such notice with respect to each Interest Period which commences commencing at least three four Euro-Currency Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Currency Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Currency Loans a an officer's certificate setting forth the amount to which such Lender Bank is then entitled under this SectionSection (which shall be consistent with such Bank's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Borrower may reasonably request as to the computation set forth therein.
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Regulation D Compensation. For so (a) So long as any Lender maintains Regulation D shall require reserves to be maintained against "Eurocurrency liabilities" (or against any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such any Lender to United States residents), each Lender subject to and as a result the cost to actually incurring such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender reserve requirement may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Currency Loans, additional interest on the related Eurocurrency Committed Euro-Currency Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Applicable Interbank Offered Rate divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base Applicable Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower Company and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Currency Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Currency Business Days after the giving of such Lender gives such notice and (y) shall furnish to notify the Borrower at least five Euro-Currency Business Days prior to before each date on which interest is payable on the Eurocurrency Committed Euro-Currency Loans a certificate setting forth of the amount to which such Lender is then entitled due it under this Section.
Appears in 1 contract
Samples: Credit Agreement (Praxair Inc)
Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilitiesEUROCURRENCY LIABILITIES" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro- Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Applicable Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer's certificate setting forth in reasonable detail the amount to which such Lender is then entitled under this SectionSection 2.16 (which shall be consistent with such Lender's good faith estimate of the level at which the related reserves are maintained by it).
Appears in 1 contract
Regulation D Compensation. For so long as any Lender Bank maintains ------------------------- reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Bank to United States residents), and as a result the cost to such Lender Bank (or its Euro-Dollar Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender Bank may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender Bank at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London ----- Interbank Offered Rate. Any Lender Bank wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender Bank shall be payable to such Lender Bank at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer's certificate setting forth the amount to which such Lender Bank is then entitled under this SectionSection (which shall be consistent with such Bank's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Borrower may reasonably request as to the computation set forth therein.
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Regulation D Compensation. For so So long as any Lender maintains Regulation D shall require reserves to be maintained against "“Eurocurrency liabilities" ” (or against any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such any Lender to United States residents), each Lender, subject to and as a result the cost to actually incurring such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increasedreserve requirement, then such Lender may require the applicable Borrower of such Euro-Currency Loans to pay, contemporaneously with each payment of interest on such Euro-Currency Loans, additional interest on the related Eurocurrency Committed Loan Euro-Currency Loans of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Rate Euro-Currency Rate, as applicable, divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base Euro-Currency Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower Company and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed applicable Euro-Currency Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Business Days after the giving of such Lender gives such notice and (y) shall furnish to notify the applicable Borrower of such Euro-Currency Loans at least five Business Days prior to before each date on which interest is payable on the Eurocurrency Committed applicable Euro-Currency Loans a certificate setting forth of the amount to which such Lender is then entitled due it under this Section.
Appears in 1 contract
Samples: Credit Agreement (Linde PLC)
Regulation D Compensation. For so long as any Lender maintains Bank is ------------------------- required to maintain reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Bank to United States residents), and and, as a result result, the cost to such Lender Bank (or its Euro-Dollar Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender Bank may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender Bank at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement ----- Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender Bank wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender Bank shall be payable to such Lender Bank at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer's certificate setting forth the amount to which such Lender Bank is then entitled under this SectionSection (which shall be consistent with such Bank's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Borrower may reasonably request as to the computation set forth therein.
Appears in 1 contract
Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Euro-Dollar Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Dollar Loans, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three four Euro-Dollar Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Dollar Loans a an officer's certificate setting forth the amount to which such Lender is then entitled under this SectionSection (which shall be consistent with such Lender's good faith estimate of the level at which the related reserves are maintained by it).
Appears in 1 contract
Regulation D Compensation. For so long as any Lender maintains reserves against "Eurocurrency liabilitiesEUROCURRENCY LIABILITIES" (or any other category of liabilities which includes deposits by reference to which interest rate on Eurocurrency Committed Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increasedincreased or any amount received in connection therewith is reduced, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such Loans, additional interest on the related Eurocurrency Committed Loan of such Lender at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Rate divided by (B) one minus MINUS the Reserve Requirement over (ii) the applicable Eurocurrency Base Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences at least three Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Business Days prior to each date on which interest is payable on the Eurocurrency Committed Loans a certificate setting forth the amount to which such Lender is then entitled under this SectionSection 2.05(o).
Appears in 1 contract
Samples: Credit Agreement (Servicemaster Co)
Regulation D Compensation. For If and for so long as any Lender maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Dollar Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residents), and as a result the cost to such Lender (or its Euro-Dollar Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Dollar Loans is increased, then such Lender may require the Borrower to pay, contemporaneously with each payment of interest on such Loansthe Euro-Dollar Loans outstanding, additional interest on the related Eurocurrency Committed Euro-Dollar Loan of such Lender Lender, at a rate per annum up to but not exceeding the excess of amount by which (i)(Ax) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro- Dollar Reserve Requirement over Percentage exceeds (iiy) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender wishing to require payment of such additional interest (xi) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Dollar Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro- Dollar Business Days after the giving of such notice is given and (yii) shall furnish to the Borrower Borrower, at least five Euro-Dollar Business Days prior to each date on which interest is payable on the Eurocurrency Committed Loans a Euro-Dollar Loans, an officer's certificate setting forth the amount to which such Lender is then entitled under this Section.
Appears in 1 contract
Regulation D Compensation. For so long as any Lender maintains reserves Participant is required by a Change of Law to increase its existing reserve percentage above that applicable under existing law as of the Effective Date against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which includes include deposits by reference to which interest rate on Eurocurrency Committed Loans the Offshore Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Participant to United States residents), and and, as a result result, the cost to such Lender Participant (or its Lending InstallationFunding Office) of making purchasing or maintaining any of its Eurocurrency Committed Loans Participation Interest is increased, then such Lender Participant may require the Borrower Lessee to pay, contemporaneously with each payment of interest on such Loansor Yield, an additional interest amount on the related Eurocurrency Committed Loan Participation Interest of such Lender Participant computed at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Offshore Rate divided by (B) one minus the Eurocurrency Reserve Requirement over Requirements and (ii) the applicable Eurocurrency Base Offshore Rate. Any Lender Participant wishing to require payment of such additional interest amount (x) shall so notify the Borrower Lessee and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Loans of such Lender its Participation Interest shall be payable to such Lender Participant by Lessee at the place indicated in such notice with respect to each Interest Period which commences commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Borrower Lessee at least five (5) Business Days prior to each date on which interest is payable on the Eurocurrency Committed Loans a Advance an officer's certificate setting forth the amount to which such Lender Participant is then entitled under this SectionSection (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as Lessee may reasonably request as to the computation set forth therein.
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Regulation D Compensation. For If and so long as any Lender maintains reserves against "Eurocurrency liabilities" a reserve requirement of the type described in the definition of “Euro-Dollar Reserve Percentage” is prescribed by the Board of Governors of the Federal Reserve System of the United States (or any other category of liabilities which includes deposits by reference to which interest rate on Eurocurrency Committed Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender to United States residentssuccessor), and as a result the cost each Purchaser subject to such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender requirement may require the Borrower Issuer to pay, contemporaneously with each payment of interest on each of such LoansPurchaser’s Notes, additional interest on the related Eurocurrency Committed Loan of such Lender Note at a rate per annum determined by such Purchaser up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base Rate LIBOR divided by (B) one minus the Euro-Dollar Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base RateLIBOR. Any Lender Purchaser wishing to require payment of such additional interest (x) shall so notify the Borrower Issuer and the Administrative AgentAgent (and, in the case of any Participant, the respective Purchaser), in which case such additional interest on the Eurocurrency Committed Loans Note or Notes of such Lender Purchaser shall be payable to such Lender Purchaser at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Dollar Business Days after the giving of such Purchaser gives such notice and (y) shall furnish to notify the Borrower Issuer at least five Euro-Dollar Business Days prior to before each date on which interest is payable on the Eurocurrency Committed Loans a certificate setting forth Note or Notes of the amount to which such Lender is then entitled due it under this Section. Subject to the limitations of Section 10.06(b), each Participant shall be entitled to the benefits of this Section 2.11 as if it were a Purchaser of the Note in which it holds a participation and shall present any claim in respect thereof to the relevant Purchaser, which shall forward such claim to the Issuer.
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Samples: Note Purchase Facility Agreement (Tele Norte Leste Participacoes Sa)
Regulation D Compensation. For so So long as any Lender maintains Regulation D shall require reserves to be maintained against "“Eurocurrency liabilities" ” (or against any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such any Lender to United States residents), each Lender subject to and as a result the cost to actually incurring such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender reserve requirement may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Currency Loans, additional interest on the related Eurocurrency Committed Euro-Currency Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Euro-Currency Base Rate divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Euro-Currency Base Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower Company and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Currency Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Currency Business Days after the giving of such Lender gives such notice and (y) shall furnish to notify the Borrower at least five Euro-Currency Business Days prior to before each date on which interest is payable on the Eurocurrency Committed Euro-Currency Loans a certificate setting forth of the amount to which such Lender is then entitled due it under this Section.
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Samples: Credit Agreement (Praxair Inc)
Regulation D Compensation. For so long as any Lender Bank maintains reserves against "Eurocurrency liabilities" (or any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Lender Bank to United States residents), and as a result the cost to such Lender Bank (or its Euro-Currency Lending InstallationOffice) of making or maintaining any of its Eurocurrency Committed Euro-Currency Loans is increased, then such Lender Bank may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Currency Loans, additional interest on the related Eurocurrency Committed Euro-Currency Loan of such Lender Bank at a rate per annum up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Base London Interbank Offered Rate divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Base London Interbank Offered Rate. Any Lender Bank wishing to require payment of such additional interest (x) shall so notify the Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Currency Loans of such Lender Bank shall be payable to such Lender Bank at the place indicated in such notice with respect to each Interest Period which commences commencing at least three four Euro-Currency Business Days after the giving of such notice and (y) shall furnish to the Borrower at least five Euro-Currency Business Days prior to each date on which interest is payable on the Eurocurrency Committed Euro-Currency Loans a an officer's certificate setting forth the amount to which such Lender Bank is then entitled under this SectionSection (which shall be consistent with such Bank's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Borrower may reasonably request as to the computation set forth therein.
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Regulation D Compensation. For so (a) So long as any Lender maintains Regulation D shall require reserves to be maintained against "“Eurocurrency liabilities" ” (or against any other category of liabilities which includes deposits by reference to which the interest rate on Eurocurrency Committed Euro-Currency Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such any Lender to United States residents), each Lender subject to and as a result the cost to actually incurring such Lender (or its Lending Installation) of making or maintaining any of its Eurocurrency Committed Loans is increased, then such Lender reserve requirement may require the Borrower to pay, contemporaneously with each payment of interest on such the Euro-Currency Loans, additional interest on the related Eurocurrency Committed Euro-Currency Loan of such Lender at a rate per annum determined by such Lender up to but not exceeding the excess of (i)(Ai) (A) the applicable Eurocurrency Euro-Currency Base Rate divided by (B) one minus the Euro-Currency Reserve Requirement Percentage over (ii) the applicable Eurocurrency Euro-Currency Base Rate. Any Lender wishing to require payment of such additional interest (x) shall so notify the Borrower Company and the Administrative Agent, in which case such additional interest on the Eurocurrency Committed Euro-Currency Loans of such Lender shall be payable to such Lender at the place indicated in such notice with respect to each Interest Period which commences commencing at least three Euro-Currency Business Days after the giving of such Lender gives such notice and (y) shall furnish to notify the Borrower at least five Euro-Currency Business Days prior to before each date on which interest is payable on the Eurocurrency Committed Euro-Currency Loans a certificate setting forth of the amount to which such Lender is then entitled due it under this Section.
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Samples: Credit Agreement (Praxair Inc)