Common use of Additional Interest on Eurocurrency Rate Advances Clause in Contracts

Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay to each Bank other than Designated Bidders, so long as and to the extent such Bank shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunder, additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank made to such Borrower, from the date of such Committed Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable Interest Period for such Committed Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank shall, not later than the last day of the applicable Interest Period, provide notice to the Administrative Agent, the Company and, if other than the Company, the applicable Borrower of any such additional interest arising in connection with such Committed Advance. Such additional interest so notified on a timely basis by any Bank shall be payable to the Administrative Agent for the account of such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------

Appears in 3 contracts

Samples: Day Credit Agreement (Donnelley R R & Sons Co), Credit Agreement (Donnelley R R & Sons Co), Day Credit Agreement (Donnelley R R & Sons Co)

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Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay to each Bank other than Designated BiddersBank, so long as and to the extent such Bank shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunder, additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank made to such Borrower, from the date of such Committed Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable Interest Period for such Committed Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank shall, not later than the last day of the applicable Interest Period, provide notice to the Administrative Agent, the Company and, if other than the Company, the applicable Borrower of any such additional interest arising in connection with such Committed Advance. Such additional interest so notified on a timely basis by any Bank shall be payable to the Administrative Agent for the account of such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------.

Appears in 3 contracts

Samples: Day Credit Agreement (Donnelley R R & Sons Co), Credit Agreement (Donnelley R R & Sons Co), Day Credit Agreement (Donnelley R R & Sons Co)

Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay to each Bank other than Designated Bidders, so long as and to the extent such Bank shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunder, additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank made to such Borrower, from the date of such Committed Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable Interest Period for such Committed Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank shall, not later than the last day of the applicable Interest Period, provide notice to the Administrative Agent, the Company and, if other than the Company, the applicable Borrower of any such additional interest arising in connection with such Committed Advance. Such additional interest so notified on a timely basis by any Bank shall be payable to the Administrative Agent for the account of such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------.

Appears in 2 contracts

Samples: Day Credit Agreement (Donnelley R R & Sons Co), Exhibit 4 (Donnelley R R & Sons Co)

Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay to each Bank other than Designated BiddersLender, so long as and to the extent such Bank Lender shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunderLiabilities, additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank Lender made to such Borrower, from the date of such Committed Eurocurrency Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable then existing Interest Period for such Committed Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank Lender for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank Each Lender shall, not later than as promptly as practicable after an authorized officer of such Lender having direct and ongoing involvement in the last day decisions made in respect of this Agreement obtains knowledge of such circumstances and the applicable Interest Perioddetermination of such Lender to request additional interest from such Borrower pursuant to this Section 2.06(b), provide notice to the Administrative AgentAgent and such Borrower of the circumstances entitling such Lender to such additional interest, which notice shall (A) specify the Company and, if other than the Company, the applicable Borrower amount of any such additional interest arising incurred in connection with such Committed Advance. Such Eurocurrency Rate Advance made to such Borrower and/or to be incurred in connection with Eurocurrency Rate Advances made by such Lender from time to time thereafter to such Borrower and (B) certify that such Lender’s claim for payment of such additional interest so notified is not inconsistent with its treatment of other borrowers that, as a credit matter, are substantially similar to such Borrower and that are subject to comparable provisions in the loan or other credit documentation to which such borrowers are parties; provided, however, that no Lender shall be entitled to additional interest on a timely basis any Eurocurrency Rate Advance pursuant to this Section 2.06(b) for any Interest Period ending more than 120 days prior to the date that notice of such additional interest is first provided by such Lender to such Borrower. A notice delivered by any Bank Lender to either Borrower pursuant to the terms of this Section 2.06(b) shall be payable to conclusive and binding, absent manifest error. A Lender that delivers a notice under this Section 2.06(b) shall promptly notify the Administrative Agent for and such Borrower if the account of circumstances that gave rise to such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------notice no longer exist.

Appears in 2 contracts

Samples: Credit Agreement (Ambac Financial Group Inc), Credit Agreement (Ambac Financial Group Inc)

Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- The Borrower shall pay to each Bank other than Designated BiddersLender, so long as and to the extent such Bank Lender shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunderequivalent), additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank made to such BorrowerLender, from the date of such Committed Eurocurrency Rate Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable then‑current Interest Period for such Committed Eurocurrency Rate Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank Lender for such Interest Period, payable on each date on which interest is payable on such Committed Eurocurrency Rate Advance. Such Bank shall, not later than the last day Any Lender wishing to require payment of the applicable Interest Period, provide notice to the Administrative Agent, the Company and, if other than the Company, the applicable Borrower of any such additional interest arising in connection with such Committed Advance. Such additional interest shall so notified on a timely basis by any Bank shall be payable to notify the Borrower and the Administrative Agent for and shall furnish to the account Borrower at least five Business Days prior to each date on which interest is payable on the Eurocurrency Rate Advances of such Bank on Lender a certificate (which certificate shall be conclusive and binding for all purposes, absent manifest error) setting forth the dates specified for payment of interest basis for such Committed Advance in assertion and the amount to which such Lender is then entitled under this Section 2.07. ------------(which shall be consistent with such Lender’s good faith estimate of the level at which the related reserves are being maintained by it).

Appears in 1 contract

Samples: Credit Agreement (Becton Dickinson & Co)

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Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay to each Bank other than Designated BiddersBank, so long as and to the extent such Bank shall be required under regulations of the Board of Governors of the Federal Reserve System (or any similar authority outside the United States, in the case of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunder, additional interest on the unpaid principal amount of each Committed Advance constituting a Eurocurrency Rate Advance of such Bank made to such Borrower, from the date of such Committed Advance until such principal amount is paid in full, at an interest rate per annum equal at all times to the remainder obtained by subtracting (ia) the Eurocurrency Rate for the applicable Interest Period for such Committed Advance from (iib) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank shall, not later than the last day of the applicable Interest Period, provide notice to the Administrative Agent, Agent and the Company and, if other than the Company, the applicable Borrower of any such additional interest arising in connection with such Committed Advance. Such additional interest so notified on a timely basis by any Bank shall be payable to the Administrative Agent for the account of such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------.

Appears in 1 contract

Samples: Credit Agreement (Donnelley Enterprise Solutions Inc)

Additional Interest on Eurocurrency Rate Advances. Each ------------------------------------------------- Borrower shall pay Bank that is subject to each Bank other than Designated Bidders, so long as and to the extent such Bank shall be required under regulations reserve requirements of the Board of Governors of the Federal Reserve System (or any similar authority outside successor) may require the United Statesapplicable Borrower to pay, in the case contemporaneously with each payment of Committed Advances in Alternative Currencies) to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency Liabilities (or any other category of liabilities that includes deposits by reference to which the interest rate on Eurocurrency Rate Advances in the applicable Alternative Currency is determined) and made to such Bank's performance under this Agreement (and other like agreements) shall have given rise to additional reserve requirements for such Bank thereunderBorrower, additional interest on the unpaid principal amount of each Committed Advance constituting a relevant Eurocurrency Rate Advance Advances of such Bank to such Borrower at a rate per annum determined by such Bank up to but not exceeding the excess of (i) (A) the applicable Eurocurrency Rate divided by (B) one minus the Eurocurrency Rate Reserve Percentage over (ii) the applicable Eurocurrency Rate. Any Bank wishing to require payment of such additional interest (x) shall so notify the applicable Borrower and the Administrative Agent, in which case such additional interest on the Eurocurrency Rate Advances of such Bank to such Borrower shall be payable to such Bank at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall notify such Borrower, at least five (5) Business Days prior to each date on which interest is payable on Eurocurrency Rate Advances made to such Borrower, from of the date amount then due to such Bank under this Section 2.07. The applicable Borrower shall pay to each Bank, so long as such Bank shall be required under regulations of the Bank of England, the Financial Services Authority of the United Kingdom or any successor authority to comply with mandatory liquid asset pledge requirements with respect to any Advance made by such Committed Advance Bank, until such principal amount is paid in full, at an such additional interest rate per annum equal at all times as such Bank shall determine is necessary to comply with such requirements and shall certify to the remainder obtained by subtracting (i) the Eurocurrency Rate for the applicable Interest Period for such Committed Advance from (ii) the rate obtained by dividing such Eurocurrency Rate by a percentage equal to 100% minus the Eurocurrency Rate Reserve Percentage of such Bank for such Interest Period, payable on each date on which interest is payable on such Committed Advance. Such Bank shall, not later than the last day of the applicable Interest Period, provide notice to Company through the Administrative Agent, the Company and, if other than the Company, the applicable Borrower of any such additional interest arising setting forth its calculations in connection with such Committed Advance. Such additional interest so notified on a timely basis by any Bank shall be payable to the Administrative Agent for the account of such Bank on the dates specified for payment of interest for such Committed Advance in Section 2.07. ------------reasonable detail.

Appears in 1 contract

Samples: Credit Agreement (RR Donnelley & Sons Co)

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