Common use of RESERVES OR DEPOSIT REQUIREMENTS, ETC Clause in Contracts

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time any law, treaty, regulation (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), governmental rule or order (whether or not having force of law) or the interpretation or administration thereof by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority shall impose, modify or deem applicable any reserve and/or special deposit requirement against assets held by, or deposits in or for the account of any Loans made or Letters of Credit issued or participated in by any Bank, and the result of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to such Bank of making, issuing, participating in or maintaining Loans or Letters of Credit hereunder or to reduce the amount of principal or interest or other amount received by such Bank with respect to such Loans or Letters of Credit, then upon demand by such Bank the Borrower shall pay to such Bank from time to time on each interest payment date with respect to such Loans or promptly upon demand with respect to any amounts relating to Letters of Credit, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Bank for such increased cost or reduced amount, assuming (which assumption such Bank need not corroborate) such additional cost or reduced amount were allocable to such Loans or Letters of Credit, as the case may be. A statement as to the increased cost or reduced amount as a result of any event mentioned in this Section 4.06, setting forth the calculations therefor, shall be submitted by such Bank to the Borrower not later than one hundred fifty (150) days after the events giving rise to the same occurred and shall, in the absence of manifest error, be conclusive and binding as to the amount thereof. Notwithstanding any other provision of this Agreement, after any such demand for compensation by any Bank, the Borrower, upon at least one (1) but no more than thirty (30) Cleveland Banking Days’ prior written notice to such Bank through the Agent, may prepay all Loans (together with all accrued interest, fees and other amounts payable thereon or with respect thereto) of such Bank in full regardless of the Interest Period of any thereof and following such prepayment, the Total Revolving Loan Commitments shall be permanently reduced by the amount of the Commitments of the Bank(s) whose Loans is/are so prepaid, and the remaining Banks’ Pro rata portion of the Total Revolving Loan Commitments following such prepayment shall be adjusted based on the percentage that each remaining Bank’s Commitment bears to the adjusted Total Revolving Loan Commitments. Any such prepayment of Loans subject to the LIBOR Rate Option shall be subject to the LIBOR breakage compensation set forth in Section 5.05 hereof.

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time any law, treaty, regulation (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), governmental rule rule, guideline, order or order request (whether or not having force of law) or the interpretation or administration thereof by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority shall impose, modify or deem applicable any reserve and/or special deposit requirement against assets held by, or deposits in or for the account amount of any Loans made or Letters of Credit issued or participated in by by, any Bank, and the result of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to such Bank of making, issuing, participating in making or maintaining Loans or Letters of Credit hereunder or to reduce the amount of principal or interest or other amount received by such Bank with respect to such Loans or Letters of CreditLoans, then upon demand by such Bank the Borrower shall pay to such Bank from time to time on each interest payment date with respect to such Loans or promptly upon demand with respect to any amounts relating to Letters of CreditLoans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Bank for such increased cost or reduced amount, assuming (which assumption such Bank need not corroborate) such additional cost or reduced amount were allocable to such Loans or Letters of Credit, as the case may beLoans. A statement as to the increased cost or reduced amount as a result of any event mentioned in this Section 4.06, setting forth the calculations therefor, shall be submitted by such Bank to the Borrower not later than one hundred fifty (150) days after the events giving rise to the same occurred and shall, in the absence of manifest error, be conclusive and binding as to the amount thereof. Notwithstanding any other provision of this Agreement, after any such demand for compensation by any Bank, the Borrower, upon at least one (1) but no more than thirty (30) Cleveland Banking Days’ Day's prior written notice to such Bank through the Agent, may prepay all Loans (together with all accrued interest, fees and other amounts payable thereon or with respect thereto) of such Bank in full regardless of the Interest Period of any thereof and following such prepayment, the Total Revolving Loan Commitments shall be permanently reduced by the amount of the Commitments of the Bank(s) whose Loans is/are so prepaid, and the remaining Banks’ Pro rata portion of the Total Revolving Loan Commitments following such prepayment shall be adjusted based on the percentage that each remaining Bank’s Commitment bears to the adjusted Total Revolving Loan Commitmentsthereof. Any such prepayment of Loans subject to the LIBOR Rate Option shall be subject to the LIBOR breakage compensation prepayment premium set forth in Section 5.05 hereof.

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time any law, treaty, regulation (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), governmental rule rule, guideline, order or order request (whether or not having force of law) or the interpretation or administration thereof by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority shall impose, modify or deem applicable any reserve and/or special deposit requirement against assets held by, or deposits in or for the account amount of any Loans made or Letters of Credit issued or participated in by by, any Bank, and the result of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to such Bank of making, issuing, participating in making or maintaining Loans or Letters of Credit hereunder or to reduce the amount of principal or interest or other amount received by such Bank with respect to such Loans or Letters of CreditLoans, then upon demand by such Bank the Borrower shall pay to such Bank from time to time on each interest payment date with respect to such Loans or promptly upon demand with respect to any amounts relating to Letters of CreditLoans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Bank for such increased cost or reduced amount, assuming (which assumption such Bank need not corroborate) such additional cost or reduced amount were allocable to such Loans or Letters of Credit, as the case may beLoans. A statement as to the increased cost or reduced amount as a result of any event mentioned in this Section 4.06, setting forth the calculations therefor, shall be submitted by such Bank to the Borrower not later than one hundred fifty (150) days after the events giving rise to the same occurred and shall, in the absence of manifest error, be conclusive and binding as to the amount thereof. Notwithstanding any other provision of this Agreement, after any such demand for compensation by any Bank, the Borrower, upon at least one (1) but no more than thirty (30) Cleveland Banking Days’ Day’s prior written notice to such Bank through the Agent, may prepay all Loans (together with all accrued interest, fees and other amounts payable thereon or with respect thereto) of such Bank in full regardless of the Interest Period of any thereof and following such prepayment, the Total Revolving Loan Commitments shall be permanently reduced by the amount of the Commitments of the Bank(s) whose Loans is/are so prepaid, and the remaining Banks’ Pro rata portion of the Total Revolving Loan Commitments following such prepayment shall be adjusted based on the percentage that each remaining Bank’s Commitment bears to the adjusted Total Revolving Loan Commitmentsthereof. Any such prepayment of Loans subject to the LIBOR Rate Option shall be subject to the LIBOR breakage compensation prepayment premium set forth in Section 5.05 hereof.

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time any law, treaty, regulation (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), governmental rule or order (whether or not having force of law) or the interpretation or administration thereof by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority shall impose, modify or deem applicable any reserve and/or special deposit requirement against assets held by, or deposits in or for the account amount of any Loans made or Letters of Credit issued or participated in by by, any Bank, and the result of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to such Bank of making, issuing, participating in making or maintaining Loans or Letters of Credit hereunder or to reduce the amount of principal or interest or other amount received by such Bank with respect to such Loans or Letters of CreditLoans, then upon demand by such Bank the Borrower shall pay to such Bank from time to time on each interest payment date with respect to such Loans or promptly upon demand with respect to any amounts relating to Letters of CreditLoans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Bank for such increased cost or reduced amount, assuming (which assumption such Bank need not corroborate) such additional cost or reduced amount were allocable to such Loans or Letters of Credit, as the case may beLoans. A statement as to the increased cost or reduced amount as a result of any event mentioned in this Section 4.06, setting forth the calculations therefor, shall be submitted by such Bank to the Borrower not later than one hundred fifty (150) days after the events giving rise to the same occurred and shall, in the absence of manifest error, be conclusive and binding as to the amount thereof. Notwithstanding any other provision of this Agreement, after any such demand for compensation by any Bank, the Borrower, upon at least one (1) but no more than thirty (30) Cleveland Banking Days’ Day’s prior written notice to such Bank through the Agent, may prepay all Loans (together with all accrued interest, fees and other amounts payable thereon or with respect thereto) of such Bank in full regardless of the Interest Period of any thereof and following such prepayment, the Total Revolving Loan Commitments shall be permanently reduced by the amount of the Commitments of the Bank(s) whose Loans is/are so prepaid, and the remaining Banks’ Pro rata portion of the Total Revolving Loan Commitments following such prepayment shall be adjusted based on the percentage that each remaining Bank’s Commitment bears to the adjusted Total Revolving Loan Commitmentsthereof. Any such prepayment of Loans subject to the LIBOR Rate Option shall be subject to the LIBOR breakage compensation set forth in Section 5.05 hereof.

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time any law, treaty, regulation (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), governmental rule rule, guideline, order or order request (whether or not having force of law) or the interpretation or administration thereof by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority shall impose, modify or deem applicable any reserve and/or special deposit requirement against assets held by, or deposits in or for the account amount of any Loans made or Letters of Credit issued or participated in by by, any Bank, and the result of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to such Bank of making, issuing, participating in making or maintaining Loans or Letters of Credit hereunder or to reduce the amount of principal or interest or other amount received by such Bank with respect to such Loans or Letters of CreditLoans, then upon demand by such Bank the Borrower shall pay to such Bank from time to time on each interest payment date with respect to such Loans or promptly upon demand with respect to any amounts relating to Letters of CreditLoans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Bank for such increased cost or reduced amount, assuming (which assumption such Bank need not corroborate) such additional cost or reduced amount were allocable to such Loans or Letters of Credit, as the case may beLoans. A statement as to the increased cost or reduced amount as a result of any event mentioned in this Section 4.06, setting forth the calculations therefor, shall be submitted by such Bank to the Borrower not later than one hundred fifty (150) days after the events giving rise to the same occurred and shall, in the absence of manifest error, be conclusive and binding as to the amount thereof. Notwithstanding any other provision of this Amended Credit Agreement, after any such demand for compensation by any Bank, the Borrower, upon at least one (1) but no more than thirty (30) Cleveland Banking Days’ Day's prior written notice to such Bank through the Agent, may prepay all Loans (together with all accrued interest, fees and other amounts payable thereon or with respect thereto) of such Bank in full regardless of the Interest Period of any thereof and following such prepayment, the Total Revolving Loan Commitments shall be permanently reduced by the amount of the Commitments of the Bank(s) whose Loans is/are so prepaid, and the remaining Banks’ Pro rata portion of the Total Revolving Loan Commitments following such prepayment shall be adjusted based on the percentage that each remaining Bank’s Commitment bears to the adjusted Total Revolving Loan Commitmentsthereof. Any such prepayment of Loans subject to the LIBOR Rate Option shall be subject to the LIBOR breakage compensation prepayment premium set forth in Section 5.05 hereof.