Common use of Reserves on LIBOR Rate Loans Clause in Contracts

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 26 contracts

Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.)

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Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Lead Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 9 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Tilly's, Inc.), Credit Agreement (Kirkland's, Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 9 contracts

Samples: Credit Agreement (Five Below, Inc), Credit Agreement (Hanger, Inc.), Credit Agreement (Five Below, Inc)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 8 contracts

Samples: Credit Agreement (Legacy Housing Corp), Credit Agreement (Igi Laboratories, Inc), Credit Agreement (NxStage Medical, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 7 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Ute Energy Upstream Holdings LLC)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 6 contracts

Samples: Credit Agreement (TPG RE Finance Trust, Inc.), Credit Agreement (Foot Locker Inc), Credit Agreement (Penson Worldwide Inc)

Reserves on LIBOR Rate Loans. The Without duplication of any reserves specified in the definition of “LIBOR Rate”, the Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency LIBOR liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Term Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Term Loan, provided the Borrower shall have received at least fifteen (15) 15 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 15 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 15 days from receipt of such notice.

Appears in 5 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable in cash on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 4 contracts

Samples: Forbearance Agreement and First Amendment to Amended and Restated Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Sequential Brands Group, Inc.), Amendment and Restatement Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 4 contracts

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Lead Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 4 contracts

Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Casper Sleep Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided that the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 4 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 4 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 4 contracts

Samples: Credit Agreement (TNS Inc), Credit Agreement (TNS Inc), Credit Agreement (TNS Inc)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such LIBOR Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan LIBOR Rate Loan, provided the Borrower Borrowers shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days days’ prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Credit Agreement (Waste Connections, Inc.), Term Loan Agreement (Waste Connections, Inc.)

Reserves on LIBOR Rate Loans. The Applicable Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Administrative Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 3 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/), Credit Agreement (Georgia Gulf Corp /De/)

Reserves on LIBOR Rate Loans. The applicable Borrower Party shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the such Borrower Party shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 3 contracts

Samples: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.), Revolving Credit Agreement (Golub Capital Investment Corp)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to US Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 3 contracts

Samples: Credit Agreement (Thermon Holding Corp.), Credit Agreement (Thermon Holding Corp.), Credit Agreement (Thermon Holding Corp.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Term Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Term Loan, provided the Borrower Agent shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 3 contracts

Samples: Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided that the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 3 contracts

Samples: Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Singer Madeline Holdings, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days' prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 3 contracts

Samples: Credit Agreement (Banctec Inc), Second Lien Credit Agreement (CSAV Holding Corp.), Credit Agreement (CSAV Holding Corp.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such LIBOR Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan LIBOR Rate Loan, provided the Borrower shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to Agentthe Agents) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days days’ prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided Loan; provided, the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from following receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Evraz North America PLC), Credit Agreement (Evraz North America LTD)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (KVH Industries Inc \De\)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such the Lender (as determined by such the Lender in good faith, which determination shall be conclusive absent manifest demonstrative error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days' prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Life Time Fitness Inc), Credit Agreement (Packaged Ice Inc)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each LenderBank, as long as such Lender Bank shall be required under regulations of the Board of Governors of the Federal Reserve Board System to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits liabilities (currently known as “Eurocurrency liabilities”defined in Regulation D), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan of such Bank equal to the actual costs of such reserves allocated to such Loan by such Lender Bank (as determined by such Lender Bank in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided that the Borrower Borrowers shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the Lendersuch Bank. If a Lender Bank fails to give written notice fifteen (15) 10 days prior to the last day of the relevant Interest Payment DatePeriod, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such written notice.

Appears in 2 contracts

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Green Plains Renewable Energy, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan; provided that the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower Borrowers shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Datedate on which interest is due pursuant to Section 5.1(d), such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 2 contracts

Samples: Amendment Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Administrative Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each the Lender, as long as such the Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such the Lender (as determined by such the Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to Agentthe Lender) of such additional interest from the Lender. If a the Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Citi Trends Inc), Credit Agreement (Citi Trends Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan; provided the Borrower Borrower, shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Rh), Term Loan Credit Agreement (Rh)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilitiesLiabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days' prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Furniture Brands International Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each LenderBank, as long as such Lender Bank shall be required under regulations of the Board of Governors of the Federal Reserve Board System to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits liabilities (currently known as “Eurocurrency liabilities”defined in Regulation D), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan of such Bank equal to the actual costs of such reserves allocated to such Loan by such Lender Bank (as determined by such Lender Bank in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided that the Borrower shall have received at least fifteen (15) 10 days' prior written notice (with a copy to the Agent) of such additional interest from the Lendersuch Bank. If a Lender Bank fails to give written notice fifteen (15) 10 days prior to the last day of GP:3761233v2 the relevant Interest Payment DatePeriod, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

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Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such the Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days' prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the 7360130v11 unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each LenderBank, as long as such Lender Bank shall be required under regulations of the Board of Governors of the Federal Reserve Board System to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits liabilities (currently known as “Eurocurrency liabilities”defined in Regulation D), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan of such Bank equal to the actual costs of such reserves allocated to such Loan by such Lender Bank (as determined by such Lender Bank in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided that the Borrower shall have received at least fifteen (15) 10 days' prior written notice (with a copy to the Agent) of such additional interest from the Lendersuch Bank. If a Lender Bank fails to give written notice fifteen (15) 10 days prior to the last day of the relevant Interest Payment DatePeriod, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Truck Hero, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each LenderBank, as long as such Lender Bank shall be required under regulations of the Board of Governors of the Federal Reserve Board System to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits liabilities (currently known as “Eurocurrency liabilities”defined in Regulation D), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan of such Bank equal to the actual costs of such reserves allocated to such Loan by such Lender Bank (as determined by such Lender Bank in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided that the Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the Lendersuch Bank. If a Lender Bank fails to give written notice fifteen (15) 10 days prior to the last day of the relevant Interest Payment DatePeriod, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen ten (1510) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrative error), payable on each date on which interest is payable on such Loan provided the Borrower Borrowers shall have received at least fifteen (15) days' prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (Infocure Corp)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid outstanding principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest cost from the Lender. If a Lender fails to give written notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest cost shall be payable fifteen (15) days from after receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Unisys Corp)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower Borrowers shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days days’ prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Waste Connections, Inc.)

Reserves on LIBOR Rate Loans. The Applicable Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (Signature Group Holdings, Inc.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided provided, the Borrower Representative shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Winnebago Industries Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days' prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Brickman Group LTD)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, ---------------------------- as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such the Lender (as determined by such the Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days' prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Shade Acquisition Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Euro-currency funds or deposits (currently known as “Eurocurrency liabilitiesEuro-currency Liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen ten (1510) days’ prior written notice (with a copy to Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen ten (1510) days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen ten (1510) days from receipt of such notice.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Wci Communities Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan Loan; provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (WII Components, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ days prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Captech Financial Group, Inc)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest demonstrable error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Ignite Restaurant Group, Inc.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower Representative shall have received at least fifteen (15) 15 days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) 15 days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) 15 days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan Loan, provided that the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, then such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Nobilis Health Corp.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which DB1/ 97390493.6 determination shall be conclusive absent manifest errorconclusive), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Lead Borrower shall have received at least fifteen (15) 10 days’ prior written notice (with a copy to the Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Destination Xl Group, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs interest on the unpaid principal amount of each Term Loan as a LIBOR Rate Loan equal to the actual costs of such reserves allocated to such Lender’s Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan Loan, provided the Borrower shall have received at least fifteen (15) 15 days’ prior written notice (with a copy to the Administrative Agent) of such additional interest from the such Lender. If a Lender fails to give notice fifteen (15) 15 days prior to the relevant Interest Payment Date, such additional interest shall be due and payable fifteen (15) 15 days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Walker & Dunlop, Inc.)

Reserves on LIBOR Rate Loans. The Borrower shall pay to each Lender, as long as such Lender shall be required under regulations of the Federal Reserve Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional costs on the unpaid principal amount of each LIBOR Rate Loan equal to actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), payable on each date on which interest is payable on such Loan provided the Borrower shall have received at least fifteen (15) days’ prior written notice (with a copy to the Agent) of such additional interest from the Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional interest shall be payable fifteen (15) days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Brickman Group LTD)

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