YIELD PROTECTION; CHANGED Sample Clauses

YIELD PROTECTION; CHANGED. CIRCUMSTANCES ---------------------------------------------------- Section 2.1 Unavailability or Impracticability of CD or Eurodollar ------------------------------------------------------ Loans. If (i) with respect to any Eurodollar Interest Period or CD Interest ----- Period, the Agent reasonably determines that Dollar deposits in the principal amount requested in the relevant Notice of Borrowing for periods equal to the relevant Eurodollar Interest Period or CD Interest Period are not available in the London Interbank Eurodollar Market or in the domestic CD market, respectively, or (ii) the Majority Banks in any Borrowing reasonably determine, and give Notice to the Agent, that the making of Eurodollar Loans or CD Loans, as the case may be, in such Borrowing has become impracticable because the related Eurodollar Rate or CD Rate, as the case may be, does not adequately and accurately reflect the cost of maintaining or funding such Eurodollar Loans or CD Loans, as the case may be, then the Agent shall forthwith give Notice of such determination to the Borrowers and the Banks in such Borrowing. There- after, and so long as either conditions specified in clause (i) or (ii) of this Section 2.1 continues, no Bank shall have any obligation to make or extend Eurodollar Loans or CD Loans, as the case may be, (or to convert Loans into Eurodollar Loans or CD Loans, as the case may be) in such Borrowing (and any outstanding Notice requesting any such Borrowing, Extension or conversion per- taining to such Borrowing shall be deemed to be revoked), and the Borrowers shall convert any Eurodollar Loans or CD Loans, as the case may be, in such Borrowing into Prime Loans, Eurodollar Loans or CD Loans, as the case may be, in accordance with Section 1.8, or prepay such Eurodollar Loans or CD Loans, as the case may be, upon four (4) Domestic Business Days' prior Notice to the Agent, which prepayment shall be made without premium or penalty and on the expiration date of the related existing Eurodollar Interest Period or CD Interest Period, as the case may be.
Sample 1

Related to YIELD PROTECTION; CHANGED

  • Yield Protection If, on or after the date of this Agreement, the adoption of any law or any governmental or quasi-governmental rule, regulation, policy, guideline or directive (whether or not having the force of law), or any change in the interpretation or administration thereof by any governmental or quasi-governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender or applicable Lending Installation or the LC Issuer with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency: (i) subjects any Lender or any applicable Lending Installation or the LC Issuer to any Taxes, or changes the basis of taxation of payments (other than with respect to Excluded Taxes) to any Lender or the LC Issuer in respect of its Eurodollar Loans, Facility LCs or participations therein, or (ii) imposes or increases or deems applicable any reserve, assessment, insurance charge, special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Lender or any applicable Lending Installation or the LC Issuer (other than reserves and assessments taken into account in determining the interest rate applicable to Eurodollar Advances), or (iii) imposes any other condition the result of which is to increase the cost to any Lender or any applicable Lending Installation or the LC Issuer of making, funding or maintaining its Eurodollar Loans, or of issuing or participating in Facility LCs, or reduces any amount receivable by any Lender or any applicable Lending Installation or the LC Issuer in connection with its Eurodollar Loans, Facility LCs or participations therein, or requires any Lender or any applicable Lending Installation or the LC Issuer to make any payment calculated by reference to the amount of Eurodollar Loans, Facility LCs or participations therein held or interest or LC Fees received by it, by an amount deemed material by such Lender or the LC Issuer as the case may be, and the result of any of the foregoing is to increase the cost to such Lender or applicable Lending Installation or the LC Issuer, as the case may be, of making or maintaining its Eurodollar Loans or Commitment or of issuing or participating in Facility LCs or to reduce the return received by such Lender or applicable Lending Installation or the LC Issuer, as the case may be, in connection with such Eurodollar Loans, Commitment, Facility LCs or participations therein, then, within 15 days of demand by such Lender or the LC Issuer, as the case may be, the Borrower shall pay such Lender or the LC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the LC Issuer, as the case may be, for such increased cost or reduction in amount received.

  • Yield Protection Etc 116119 Section 5.1. Additional Costs; Capital Adequacy. 116119 Section 5.2. Suspension of LIBOR Loans, LIBOR Margin Loans, CDOR Loans and AUD Rate Loans. 119122 Section 5.3. Illegality. 120123 Section 5.4. Compensation. 120123

  • Yield Protection and Illegality 49 Section 4.1

  • Taxes Yield Protection and Illegality 3.01 Taxes.

  • Predatory Lending Regulations; High Cost Loans None of the Mortgage Loans are classified as (a) “high cost” loans under the Home Ownership and Equity Protection Act of 1994 or (b) “high cost,” “threshold,” “predatory” or “covered” loans or “High Cost Home Loans” under any other applicable state, federal or local law (or a similarly classified loan using different terminology under a law imposing heightened regulatory scrutiny or additional legal liability for residential mortgage loans having high interest rates, points and/or fees);

  • Computation of Interest, Fees, Yield Protection All interest, as well as fees and other charges calculated on a per annum basis, shall be computed for the actual days elapsed, based on a year of 360 days. Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.

  • Special Provisions for Affected Systems For the re-payment of amounts advanced to Affected System Operator for System Upgrade Facilities or System Deliverability Upgrades, the Developer and Affected System Operator shall enter into an agreement that provides for such re-payment, but only if responsibility for the cost of such System Upgrade Facilities or System Deliverability Upgrades is not to be allocated in accordance with Attachment S to the ISO OATT. The agreement shall specify the terms governing payments to be made by the Developer to the Affected System Operator as well as the re-payment by the Affected System Operator.

  • Yield Protection Taxes 4.1 Yield Protection 35 4.2 Changes in Capital Adequacy Regulations 36 4.3 Availability of Types of Advances 36 4.4 Funding Indemnification 36 4.5 Taxes 36 4.6 Lender Statements; Survival of Indemnity 38 5.1 Initial Funding Date 39 5.2 Each Advance 40

  • Child Protection Barracudas’ staff have a duty to respond if they suspect a child may be suffering from or makes a disclosure about abuse. In this event staff will contact the relevant local authority and act on their advice.

  • Promotion and Protection of Investment (1) Each Contracting Party shall encourage and create favourable conditions for investors of the other Contracting Party to make investments in its territory, and admit such investments in accordance with its laws and policy. (2) Investments and returns of investors of each Contracting Party shall at all times be accorded fair and equitable treatment in the territory of the other Contracting Party.