Additional Provisions Relating to Libor Loans Sample Clauses

Additional Provisions Relating to Libor Loans. (a) If, after the date of this Agreement, any change in any law or the application of the requirements thereof (whether such change occurs in accordance with the terms of such law as enacted, as a result of amendment or otherwise), any change in the interpretation or administration of any law by any governmental authority, or compliance by Lender with any request or directive (whether or not having the force of law) of any governmental authority (each, a "CHANGE OF LAW"):
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Additional Provisions Relating to Libor Loans. 22 SECTION 3.1. RESERVES OR DEPOSIT REQUIREMENTS, ETC. 22 SECTION 3.2. TAX LAW, ETC. 22 SECTION 3.3. EURODOLLAR DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE 23 SECTION 3.4. INDEMNITY 24 SECTION 3.5. CHANGES IN LAW RENDERING LIBOR LOANS UNLAWFUL 24 SECTION 3.6. FUNDING 24 ARTICLE IV. CONDITIONS PRECEDENT 24 SECTION 4.1. CONDITIONS PRECEDENT TO CLOSING 24 SECTION 4.2. CONDITIONS SUBSEQUENT TO CLOSING DATE 26 ARTICLE V. COVENANTS 27 SECTION 5.1. INSURANCE 27 SECTION 5.2. MONEY OBLIGATIONS 27 SECTION 5.3. FINANCIAL STATEMENTS 27 SECTION 5.4. FINANCIAL RECORDS 28 SECTION 5.5. FRANCHISES 28 SECTION 5.6. ERISA COMPLIANCE 28 SECTION 5.7. FINANCIAL COVENANTS 29 SECTION 5.8. BORROWING 29 SECTION 5.9. LIENS 30 SECTION 5.10. REGULATIONS U and X 31 SECTION 5.11. INVESTMENTS AND LOANS 31 SECTION 5.12. MERGER AND SALE OF ASSETS 32 Page SECTION 5.13. ACQUISITIONS 33 SECTION 5.14. NOTICE 33 SECTION 5.15. ENVIRONMENTAL COMPLIANCE 33 SECTION 5.16. AFFILIATE TRANSACTIONS 34 SECTION 5.17. CORPORATE NAMES 34 SECTION 5.18. SUBSIDIARY GUARANTIES 34 SECTION 5.19. OTHER COVENANTS 34 ARTICLE VI. REPRESENTATIONS AND WARRANTIES 35 SECTION 6.1. CORPORATE EXISTENCE; SUBSIDIARIES; FOREIGN QUALIFICATION 35 SECTION 6.2. CORPORATE AUTHORITY 35 SECTION 6.3. COMPLIANCE WITH LAWS 35 SECTION 6.4. LITIGATION AND ADMINISTRATIVE PROCEEDINGS 36 SECTION 6.5. TITLE TO ASSETS 36 SECTION 6.6. LIENS AND SECURITY INTERESTS 36 SECTION 6.7. TAX RETURNS 36 SECTION 6.8. ENVIRONMENTAL LAWS 36 SECTION 6.9. CONTINUED BUSINESS 37 SECTION 6.10. EMPLOYEE BENEFITS PLANS 37 SECTION 6.11. CONSENTS OR APPROVALS 38 SECTION 6.12. SOLVENCY 38 SECTION 6.13. FINANCIAL STATEMENTS 38 SECTION 6.14. REGULATIONS 38 SECTION 6.15. MATERIAL AGREEMENTS 39 SECTION 6.16. INTELLECTUAL PROPERTY 39 SECTION 6.17. INSURANCE 39 SECTION 6.18. ACCURATE AND COMPLETE STATEMENTS 39 SECTION 6.19. DEFAULTS 39 ARTICLE VII. EVENTS OF DEFAULT 40 SECTION 7.1. PAYMENTS 40 SECTION 7.2. SPECIAL COVENANTS 40 SECTION 7.3. OTHER COVENANTS 40 SECTION 7.4. REPRESENTATIONS AND WARRANTIES 40 SECTION 7.5. CROSS DEFAULT 40 SECTION 7.6. ERISA DEFAULT 40 SECTION 7.7. CHANGE IN CONTROL 40 SECTION 7.8. MONEY JUDGMENT 40 SECTION 7.9. VALIDITY OF LOAN DOCUMENTS 41 SECTION 7.10. SOLVENCY 41 Page ARTICLE VIII. REMEDIES UPON DEFAULT 41 SECTION 8.1. OPTIONAL DEFAULTS 41 SECTION 8.2. AUTOMATIC DEFAULTS 42 SECTION 8.3. LETTERS OF CREDIT 42 SECTION 8.4. OFFSETS 42 SECTION 8.5. EQUALIZATION PROVISION 42 ARTICLE IX. THE AGENT 43 SECTION 9.1. APPOINTMENT AND AUTHORIZAT...
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Additional Provisions Relating to Libor Loans. ..25 SECTION 3.1. RESERVES OR DEPOSIT REQUIREMENTS, ETC............25 SECTION 3.2. TAX LAW, ETC.....................................26 SECTION 3.3. EUROCURRENCY DEPOSITS UNAVAILABLE OR INTEREST RATE UNASCERTAINABLE................26 SECTION 3.4. INDEMNITY........................................27 SECTION 3.5. CHANGES IN LAW RENDERING LIBOR LOANS UNLAWFUL.....................................27 SECTION 3.6. FUNDING..........................................27
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Additional Provisions Relating to Libor Loans 
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Related to Additional Provisions Relating to Libor Loans

  • Provisions Relating to Securitization (a) For so long as an Initial Note Holder or its Affiliate (an “Initial Note Holder Entity”) is the owner of its Note(s), such Initial Note Holder Entity shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Borrower to execute amended and restated notes or additional notes (in either case “New Notes”) reallocating the principal of its Note(s) or severing its Note(s) into one or more further “component” notes in the aggregate principal amount equal to the then-outstanding principal balance of its Note(s), provided that (i) the aggregate principal balance of the New Notes following such amendments is no greater than the principal balance of the related original Note(s) prior to such amendments, (ii) all New Notes continue to have the same weighted average interest rate as the original Note(s) prior to such amendments, (iii) all New Notes pay pro rata and on a pari passu basis and such reallocated or component notes shall be automatically subject to the terms of this Agreement and (iv) the Initial Note Holder Entity holding the New Notes shall notify the other Holders (or, for any Note that has been contributed to a Securitization, to the trustee and the applicable master servicer of such Securitization) in writing of such modified allocations and principal amounts. In connection with the foregoing, (1) the Master Servicer is hereby authorized to execute amendments to the Loan Agreement and this Agreement (or to amend and restate the Loan Agreement and this Agreement) on behalf of any or all of the Holders solely for the purpose of reflecting such reallocation of principal or such severing of Note(s), (2) if a Note is severed into “component” notes, such component notes shall each have their same rights as the respective original Note (except if such original Note is Note A-1, then the applicable Initial Note Holder shall designate one of the New Notes to take the place of Note A-1 in the definitions of “Directing Holder”, “Lead Note”, “Lead Securitization”, “Non-Directing Holder” and “Servicing Agreement”), and (3) the definition of the term “Securitization” and all of the related defined terms may be amended (and new terms added, as necessary) to reflect the New Notes. Rating Agency Confirmation shall not be required for any amendments to this Agreement required to facilitate the terms of this paragraph 18(a).

  • Conditions relating to Optional Currencies (a) A currency will constitute an Optional Currency in relation to a Loan if:

  • Provisions Relating to Dividend Disbursing Agency A. Service Company will, at the expense of Fund, provide a special form of check containing the imprint of any device or other matter desired by Fund. Said checks must, however, be of a form and size convenient for use by Service Company.

  • General Provisions Relating to Transfers and Exchanges (1) To permit registrations of transfers and exchanges, the Company will execute and the Trustee will authenticate Global Notes and Definitive Notes upon receipt of an Authentication Order in accordance with Section 2.02 hereof or at the Registrar’s request.

  • OTHER PROVISIONS RELATING TO RIGHTS OF HOLDERS OF WARRANT CERTIFICATES

  • Definitions of Key Terms Relating to Additional Rent As used in this Article 4, the following terms shall have the meanings hereinafter set forth:

  • Certain Rules Relating to the Payment of Additional Amounts (a) Upon the request, and at the expense of the Borrower, each Lender and Agent to which the Borrower is required to pay any additional amount pursuant to Subsection 4.10 or 4.11, and any Participant in respect of whose participation such payment is required, shall reasonably afford the Borrower the opportunity to contest, and reasonably cooperate with the Borrower in contesting, the imposition of any Non-Excluded Tax giving rise to such payment; provided that (i) such Lender or Agent shall not be required to afford the Borrower the opportunity to so contest unless the Borrower shall have confirmed in writing to such Lender or Agent its obligation to pay such amounts pursuant to this Agreement and (ii) the Borrower shall reimburse such Lender or Agent for its reasonable attorneys’ and accountants’ fees and disbursements incurred in so cooperating with the Borrower in contesting the imposition of such Non-Excluded Tax; provided, however, that notwithstanding the foregoing no Lender or Agent shall be required to afford the Borrower the opportunity to contest, or cooperate with the Borrower in contesting, the imposition of any Non-Excluded Taxes, if such Lender or Agent in its sole discretion in good faith determines that to do so would have an adverse effect on it.

  • Special Provisions Relating to the Holders of Subordinated Units (a) Except with respect to the right to vote on or approve matters requiring the vote or approval of a percentage of the holders of Outstanding Common Units and the right to participate in allocations of income, gain, loss and deduction and distributions made with respect to Common Units, the holder of a Subordinated Unit shall have all of the rights and obligations of a Unitholder holding Common Units hereunder; provided, however, that immediately upon the conversion of Subordinated Units into Common Units pursuant to Section 5.7, the Unitholder holding a Subordinated Unit shall possess all of the rights and obligations of a Unitholder holding Common Units hereunder with respect to such converted Subordinated Units, including the right to vote as a Common Unitholder and the right to participate in allocations of income, gain, loss and deduction and distributions made with respect to Common Units; provided, however, that such converted Subordinated Units shall remain subject to the provisions of Sections 5.5(c)(ii), 6.1(d)(x)(A), 6.7(b) and 6.7(c).

  • Certain Matters Relating to the Determination of LIBOR LIBOR shall be calculated by the Securities Administrator in accordance with the definition of LIBOR. Until all of the LIBOR Certificates are paid in full, the Securities Administrator will at all times retain at least four Reference Banks for the purpose of determining LIBOR with respect to each LIBOR Determination Date. The Securities Administrator initially shall designate the Reference Banks (after consultation with the Depositor). Each “Reference Bank” shall be a leading bank engaged in transactions in Eurodollar deposits in the international Eurocurrency market, shall not control, be controlled by, or be under common control with, the Securities Administrator and shall have an established place of business in London. If any such Reference Bank should be unwilling or unable to act as such or if the Securities Administrator should terminate its appointment as Reference Bank, the Securities Administrator shall promptly appoint or cause to be appointed another Reference Bank (after consultation with the Depositor). The Securities Administrator shall have no liability or responsibility to any Person for (i) the selection of any Reference Bank for purposes of determining LIBOR or (ii) any inability to retain at least four Reference Banks which is caused by circumstances beyond its reasonable control. The Interest Rate for each Class of LIBOR Certificates for each Interest Accrual Period shall be determined by the Securities Administrator on each LIBOR Determination Date so long as the LIBOR Certificates are outstanding on the basis of LIBOR and the respective formulae appearing in footnotes corresponding to the LIBOR Certificates in the table relating to the Certificates in the Preliminary Statement. The Securities Administrator shall not have any liability or responsibility to any Person for its inability, following a good-faith reasonable effort, to obtain quotations from the Reference Banks or to determine the arithmetic mean referred to in the definition of LIBOR, all as provided for in this Section 4.04 and the definition of LIBOR. The establishment of LIBOR and each Interest Rate for the LIBOR Certificates by the Securities Administrator shall (in the absence of manifest error) be final, conclusive and binding upon each Holder of a Certificate and the Trustee.

  • Suspension of Rules Relating to Recalcitrant Accounts The United States shall not require a Reporting [FATCA Partner] Financial Institution to withhold tax under section 1471 or 1472 of the U.S. Internal Revenue Code with respect to an account held by a recalcitrant account holder (as defined in section 1471(d)(6) of the U.S. Internal Revenue Code), or to close such account, if the U.S. Competent Authority receives the information set forth in paragraph 2 of Article 2 of this Agreement, subject to the provisions of Article 3 of this Agreement, with respect to such account.

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