Common use of Reserves on LIBOR Rate Loans Clause in Contracts

Reserves on LIBOR Rate Loans. The Borrower shall pay the Postpetition Lender, as long as it shall be required under regulations of the Board of Governors of the Federal Reserve System to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency liabilities (as defined in Regulation D), additional interest on the unpaid principal amount of each LIBOR Rate Loan of the Postpetition Lender equal to the actual costs of such reserves allocated to such Postpetition Loan by the Postpetition Lender (as determined by the Postpetition 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 Postpetition Loan, provided that the Borrower shall have received at least ten (10) days’ prior written notice of such additional interest from the Postpetition Lender. If the Postpetition Lender fails to give written notice ten (10) days prior to the last day of the relevant Interest Period, such additional interest shall be due and payable ten (10) days from receipt of such written notice.

Appears in 7 contracts

Samples: Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp), Credit Agreement (Verasun Energy Corp)

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Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay the Postpetition to each Lender, as long as it such Lender shall be required under regulations of the Board of Governors of the Federal Reserve System Board to maintain reserves (except any such reserve requirement reflected in the Adjusted LIBOR Rate) with respect to liabilities or assets consisting of or including Eurocurrency liabilities funds or deposits (currently known as defined in Regulation D“Eurocurrency liabilities”), additional interest costs on the unpaid principal amount of each LIBOR Rate Loan of the Postpetition Lender equal to the actual costs of such reserves allocated to such Postpetition Loan by the Postpetition such Lender (as determined by the Postpetition 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 Postpetition Loan, Loan provided that the Borrower shall have received at least ten fifteen (1015) days’ prior written notice (with a copy to US Agent) of such additional interest from the Postpetition Lender. If the Postpetition a Lender fails to give written notice ten fifteen (1015) days prior to the last day of the relevant Interest PeriodPayment Date, such additional interest shall be due and payable ten fifteen (1015) days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Thermon Holding Corp.)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay the Postpetition to each Term Lender, as long as it such Term Lender shall be required under regulations of the Board of Governors of the Federal Reserve System Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency liabilities funds or deposits (currently known as defined in Regulation D“Eurocurrency liabilities”), additional interest costs on the unpaid principal amount of each LIBOR Rate Loan of the Postpetition Lender equal to the actual costs of such reserves allocated to such Postpetition LIBOR Rate Loan by the Postpetition such Term Lender (as determined by the Postpetition such Term 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 Postpetition Loan, LIBOR Rate Loan provided that the Borrower Representative shall have received at least ten fifteen (1015) days' prior written notice (with a copy to the Term Agent) of such additional interest from the Postpetition Term Lender. If the Postpetition a Term Lender fails to give written notice ten fifteen (1015) days prior to the last day of the relevant Interest PeriodPayment Date, such additional interest shall be due and payable ten fifteen (1015) days from receipt of such written notice.

Appears in 1 contract

Samples: Term Loan Agreement (Furniture Brands International Inc)

Reserves on LIBOR Rate Loans. The Borrower Borrowers shall pay the Postpetition to each Lender, as long as it such Lender shall be required under regulations of the Board of Governors of the Federal Reserve System Board to maintain reserves (except any such reserve requirement reflected in the Adjusted LIBOR Rate) with respect to liabilities or assets consisting of or including Eurocurrency liabilities funds or deposits (currently known as defined in Regulation D“Eurocurrency liabilities”), additional interest costs on the unpaid principal amount of each LIBOR Rate Loan of the Postpetition Lender equal to the actual costs of such reserves allocated to such Postpetition Loan by the Postpetition such Lender (as determined by the Postpetition 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 Postpetition Loan, Loan provided that the Borrower shall have received at least ten fifteen (1015) days' prior written notice (with a copy to US Agent) of such additional interest from the Postpetition Lender. If the Postpetition a Lender fails to give written notice ten fifteen (1015) days prior to the last day of the relevant Interest PeriodPayment Date, such additional interest shall be due and payable ten fifteen (1015) days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Thermon Holding Corp.)

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Reserves on LIBOR Rate Loans. The relevant Borrower shall pay the Postpetition to each relevant Revolving Lender, as long as it such Revolving Lender shall be required under regulations of the Board of Governors of the Federal Reserve System Board to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency liabilities funds or deposits (currently known as defined in Regulation D“Eurocurrency liabilities”), additional interest costs on the unpaid principal amount of each LIBOR Rate Loan of the Postpetition Lender equal to the actual costs of such reserves allocated to such Postpetition Loan by the Postpetition such Revolving Lender (as determined by the Postpetition such Revolving 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 Postpetition Loan, Loan provided that the relevant Borrower shall have received at least ten fifteen (1015) days’ prior written notice (with a copy to Agent) of such additional interest from the Postpetition relevant Revolving Lender. If the Postpetition a Revolving Lender fails to give written notice ten fifteen (1015) days prior to the last day of the relevant Interest PeriodPayment Date, such additional interest shall be due and payable ten fifteen (1015) days from receipt of such written notice.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

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