Taxes and Increased Costs. With respect to any Fixed Rate Portion, if the Bank shall determine that any change in any applicable law, treaty, regulation or guideline (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System) or any new law, treaty, regulation or guideline, or any interpretation of any of the foregoing by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority having jurisdiction over the Bank or its lending branch or the Fixed Rate Portions contemplated by this Agreement (whether or not having the force of law), shall:
(i) impose, increase, or deem applicable any reserve, special deposit or similar requirement against assets held by, or deposits in or for the account of, or loans by, or any other acquisition of funds or disbursements by, the Bank which is not in any instance already accounted for in computing the interest rate applicable to such Fixed Rate Portion;
(ii) subject the Bank, any Fixed Rate Portion or the Note to the extent it evidences such a Portion to any tax (including, without limitation, any United States interest equalization tax or similar tax however named applicable to the acquisition or holding of debt obligations and any interest or penalties with respect thereto), duty, charge, stamp tax, fee, deduction or withholding in respect of this Agreement, any Fixed Rate Portion or the Note to the extent it evidences such a Portion, except such taxes as may be measured by the overall net income or gross receipts of the Bank or its lending branches and imposed by the jurisdiction, or any political subdivision or taxing authority thereof, in which the Bank's principal executive office or its lending branch is located;
(iii) change the basis of taxation of payments of principal and interest due from the Company to the Bank hereunder or under the Note to the extent it evidences any Fixed Rate Portion (other than by a change in taxation of the overall net income or gross receipts of the Bank); or
(iv) impose on the Bank any penalty with respect to the foregoing or any other condition regarding this Agreement, any Fixed Rate Portion, or its disbursement, or the Note to the extent it evidences any Fixed Rate Portion; and the Bank shall determine that the result of any of the foregoing is to increase the cost (whether by incurring a cost or adding to a cost) to the Bank of creating or maintaining any Fixed Rate Portion hereunder or to reduce...
Taxes and Increased Costs. 7 Section 2.7. Funding Indemnity.................................................................................8 Section 2.8. Lending Branch....................................................................................
Taxes and Increased Costs. 9 Section 2.8. Change in Capital Adequacy Requirements................ 10 Section 2.9. Funding Indemnity...................................... 11 Section 2.10. Lending Branch.......................................
Taxes and Increased Costs. 43 Section 10.5. Funding Indemnity..................................... 44 Section 10.6.
Taxes and Increased Costs. Section 2.8. Change in Capital Adequacy Requirements.............. Section 2.9.
Taxes and Increased Costs. With respect to any LIBOR Portion, if any Lender shall determine in good faith that any change in any applicable law, treaty, regulation or guideline (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System), or any new law, treaty, regulation or guideline, or any interpretation of any of the foregoing by any governmental authority charged with the administration thereof or any central bank or other fiscal, monetary or other authority having jurisdiction over such Lender or its lending branch or the LIBOR Portions contemplated by this Agreement (whether or not having the force of law), shall:
Taxes and Increased Costs. 8 Section 2.11. Funding Indemnity . . . . . . . . . . . . . . . . 9 Section 2.12.
Taxes and Increased Costs. In the event that Lender shall incur increased costs or reductions in the amounts received or receivable hereunder with respect to any Loan because of (a) any change after the date of this Agreement in any applicable law or governmental rule, regulation, order or request (whether or not having the force of law) (or in the interpretation or administration thereof and including the introduction of any new law or governmental rule, regulation, order or request), including, without limitation, (i) a change in the basis of taxation of payments to Lender of the principal of or interest on the Loans or any other amounts payable hereunder (except for changes in the rate of tax on, or determined by reference to, the net income or profits of Lender imposed by the jurisdiction in which its principal office is located) or (ii) a change in official reserve requirements, but, in all events, excluding reserves required under Regulation D of the Board to the extent included in the computation of the LIBOR Base Rate or (b) other circumstances affecting Lender or the London interbank market or the position of Lender in such market; then and in any event, Lender shall promptly give notice (by telephone confirmed in writing) to Borrower of such increased costs or reductions in amounts received or receivable 18 hereunder. Thereafter, Borrower shall pay to Lender, within thirty (30) days from written demand therefor, such additional amounts (in the form of an increased rate of, or a different method of calculating, interest or otherwise as Lender in its sole discretion shall determine) as shall be required to compensate Lender for such increased costs or reductions in amounts received or receivable hereunder (a written notice as to the additional amounts owed to Lender, showing the basis for the calculation thereof, submitted to Borrower by Lender shall, absent manifest error, be final and conclusive and binding on all the parties hereto).
Taxes and Increased Costs. 78 Section 12.4. Capital Adequacy................................... 79 Section 12.5. Funding Indemnity.................................. 80 Section 12.6.
Taxes and Increased Costs. (a) Subject as provided in paragraph (b) below, if any assignment or transfer of or with respect to all or any part of the rights or obligations of a Bank under this Agreement pursuant to Clause 30.3 or 30.4 or any change in Facility Office pursuant to Clause 30.6 is made which results (or would but for this Clause result) at the time thereof in amounts becoming payable under Clauses 13 or 15.1, then the assignee, transferee, New Bank or Bank acting through its new Facility Office shall be entitled to receive such amounts only to the extent that the assignor, transferor, Existing Bank or Bank acting through its original Facility Office would have been so entitled had there been no such assignment, transfer or change in Facility Office. No such assignment, transfer or change in Facility Office shall be made if the assignee or transferee or such Bank (in the case of a change in Facility Office) would be entitled immediately afterwards to give notice under Clause 16.
(b) The provisions of the first sentence of paragraph (a) above shall not apply (i) in relation to any assignment or transfer of or with respect to the rights or obligations of the Original Banks, provided that the same is effected by the Original Banks prior to the Syndication Date, or (ii) with respect to any novation from Xxxxxxx Sachs Credit Partners, L.P. to Xxxxxxx Xxxxx International Bank, or (iii) with respect to any novation by Xxxxxxx Sachs Credit Partners, L.P. to the extent that they would not have applied had such novation been effected by Xxxxxxx Xxxxx International Bank.
