Yield Protection Taxes. Yield Protection 3.2 Changes in Capital Adequacy Regulations 3.3 Availability of Types of Advances 3.4 Funding Indemnification 3.5 Taxes 3.6 Lender Statements; Survival of Indemnity
Yield Protection Taxes. 3.1 Increased Costs 42 3.2 Capital Requirements 42 3.3 Compensation 43 3.4 Delay in Requests 43 3.5 Taxes 44 3076306v5 18445.00013 - 3.6 Designation of a Different Lending Installation 47
Yield Protection Taxes. 24 ARTICLE IV
Yield Protection Taxes. 3.1 Increased Costs 5651 3.2 Capital Requirements 5651 15524773v115524773v5 3.3 Compensation 5752
Yield Protection Taxes. (a) Notwithstanding anything in this Agreement or any other Loan Document to the contrary, if any Bank shall determine (which determination shall be conclusive in the absence of manifest error) that by reason of any applicable law or regulation or any change therein or the interpretation or application thereof or compliance therewith by Agent or Banks or any other changes affecting the London Interbank Market, (i) adequate and fair means do not exist for ascertaining the London Interbank Rate or (ii) the continuation of LIBOR Advances has been made impracticable by the occurrence of a contingency which materially and adversely effects the London Interbank Market, or (iii) any Regulatory Change shall make it unlawful for any Bank to make or maintain any LIBOR Advances or to match eurodollar liabilities thereto, or (iv) deposits in United States Dollars in the relevant amounts and of the relevant maturity are not available to a Bank in the London interbank market, then such Bank shall forthwith give notice thereof to Borrower. After said notice and until such time as such Bank shall determine that said adverse conditions no longer exist, (A) no additional LIBOR Advances shall be made by such Bank, and all requests for LIBOR Advances shall be deemed to request a Prime Rate Advance from such Bank, and (B) each outstanding LIBOR Advance made by such Bank shall be converted into a Prime Rate Advance on the last day of its Interest Period.
(b) If, as a result of any Regulatory Change,
(i) the basis of taxation of payments to any Bank of the principal of or interest on any LIBOR Advance or any other amounts payable hereunder in respect thereof (other than Taxes imposed on the overall Net Income of the Bank) is changed;
(ii) any reserve, special deposit, or similar requirements relating to any extensions of credit, letters of credit, or other assets of, or any deposits with or other liabilities of, any Bank are imposed, modified, or deemed applicable; or
(iii) any other condition affecting this Agreement or LIBOR Advances is imposed on any Bank; and such Bank reasonably determines that, by reason thereof, the cost to it of making, issuing, or maintaining any LIBOR Advance is increased by an amount deemed by it to be material, or any amount receivable by such Bank in respect of any LIBOR Advance is reduced by an amount deemed by it to be material (such increases in cost and reductions in amounts receivable being “Increased Cost”), then Borrower shall pay promptly up...
Yield Protection Taxes. Article III of the Credit Agreement is hereby amended and restated in its entirety as follows:
Yield Protection Taxes. 19 3.1. YIELD PROTECTION.................................................................................19 3.2. CHANGES IN CAPITAL ADEQUACY REGULATIONS..........................................................20 3.3. AVAILABILITY OF TYPES OF ADVANCES................................................................20 3.4.
Yield Protection Taxes. 3.1 Yield Protection
Yield Protection Taxes. 3.1 Yield Protection; Changes in Capital Adequacy and Liquidity Regulations.
Yield Protection Taxes. 4.1 Yield Protection 4.2 Changes in Capital Adequacy Regulations 4.3 Availability of Types of Advances
