Yield Protection Taxes. 3.1. Yield Protection 20 3.2. Changes in Capital Adequacy Regulations 21 3.3. Availability of Types of Advances 21 3.4. Funding Indemnification 21 3.5. Taxes. 21 3.6. Alternate Lending Installation; Lender Statements; Survival of Indemnity 24 Table of Contents Page ARTICLE 4 CONDITIONS PRECEDENT 4.1. Closing Date. 25
Yield Protection Taxes. Section 4.01
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 - TABLE OF CONTENTS (continued) Page 3.6 Designation of a Different Lending Installation 47
Yield Protection Taxes. 3.1 Yield Protection 3.2 Changes in Capital Adequacy Regulations
Yield Protection Taxes. 3.1 Increased Costs 4349 3.2 Capital Requirements 4449 TABLE OF CONTENTS (continued) Page 3.3 Compensation 4450
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.
Yield Protection Taxes. Article III of the Credit Agreement is hereby amended and restated in its entirety as follows:
Yield Protection Taxes. 78 Section 4.01
Yield Protection Taxes. . . . . . . . . 6
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.
