Common use of Special Provisions Applicable to Contract Rates Clause in Contracts

Special Provisions Applicable to Contract Rates. (i) Each Contract Rate may be adjusted by the Administrative Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs, in each case, due to changes in applicable law (other than changes in laws relative to Taxes, which shall be governed by Section 16) occurring subsequent to the commencement of the then applicable Interest Period, including changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors, which additional or increased costs would increase the cost of funding or maintaining loans bearing interest at the applicable Contract Rate. In any such event, the affected Lender shall give the Borrower Representative and the Administrative Agent notice of such a determination and adjustment and the Administrative Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, the Borrower Representative may, by notice to such affected Lender (A) require such Lender to furnish to the Borrower Representative a statement setting forth in reasonable detail the basis for adjusting such Contract Rate and the method for determining the amount of such adjustment, or (B) repay the Contract Rate Loans of such Lender with respect to which such adjustment is made (together with any amounts due under Section 2.11(a)(vi)).

Appears in 3 contracts

Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Revolving Credit Agreement (JELD-WEN Holding, Inc.)

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Special Provisions Applicable to Contract Rates. (i) Each Contract Rate may be adjusted by the Administrative Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar eurodollareurocurrency deposits or increased costs, in each case, due to changes changesany Changes in applicable law lawLaw (other than changes changesChanges in laws lawsLaw relative to Taxes, which shall be governed by Section 16162.18 and other than Changes in Law relative to capital reserve requirements, which shall be governed by Section 2.13) occurring subsequent to the commencement of the then applicable Interest Period, including changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors, which additional or increased costs would increase the cost of funding or maintaining loans bearing interest at the applicable Contract Rate. In any such event, the affected Lender shall give the Borrower Representative and the Administrative Agent notice of such a determination and adjustment and the Administrative Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, the Borrower Representative may, by notice to such affected Lender (A) require such Lender to furnish to the Borrower Representative a statement setting forth in reasonable detail the basis for adjusting such Contract Rate and the method for determining the amount of such adjustment, or (B) repay the Contract Rate Loans of such Lender with respect to which such adjustment is made (together with any amounts due under Section 2.11(a)(vi)).

Appears in 1 contract

Samples: Credit Agreement (JELD-WEN Holding, Inc.)

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