Common use of Additional Reserve Costs Clause in Contracts

Additional Reserve Costs. (a) For so long as any Lender is required to comply with (i) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (ii) the requirements of the European Central Bank, in each case in respect of such Lender’s Eurocurrency Loans or Swingline Foreign Currency Loans, such Lender shall be entitled to require the Applicable Borrower to pay, contemporaneously with each payment of interest on each of such Loans, additional interest on such Loan at a rate per annum equal to the Mandatory Costs Rate calculated in accordance with the formula and in the manner set forth in Exhibit D hereto. (b) Any additional interest owed pursuant to paragraph (a) above shall be determined by the applicable Lender, which determination shall be conclusive absent manifest error, and notified to the Applicable Borrower (with a copy to the Administrative Agent) at least five Business Days before each date on which interest is payable for the applicable Loan, and such additional interest so notified to the Applicable Borrower by such Lender shall be due and payable to the Administrative Agent for the account of such Lender on each date on which interest is payable for such Loan. If a Lender fails to give such notice at least five Business Days before such date, then such additional interest shall be due and payable five Business Days after such notice is given.

Additional Reserve Costs. (a) For so long as any Lender is required to comply make special deposits with (i) the requirements of the Bank of England and/or the The Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (ii) the to comply with reserve assets, liquidity, cash margin or other requirements of any monetary or other authority (including any such requirement imposed by the Bank of England, the European Central Bank, in each case Bank or the European System of Central Banks) in respect of any of such Lender’s Eurocurrency Loans or Swingline Foreign Currency LoansRate Loan, such Lender shall be entitled to require the Applicable Borrower to pay, contemporaneously with each payment of interest on each of such Loans▇▇▇▇▇▇’s advance under the Term Loan subject to such requirements, additional interest on such Loan advance at a rate per annum equal specified by such Lender to be the Mandatory Costs Rate calculated cost to such Lender of complying with such requirements in accordance with the formula and in the manner set forth in Exhibit D hereto. (b) relation to such advance. Any additional interest owed pursuant to paragraph (a) above this subsection shall be determined in reasonable detail by the applicable Lender, which determination shall be conclusive absent manifest error, and notified to the Applicable Borrower (with a copy to the Administrative Agent) at least five Business Days before each date on which interest is payable for the applicable Loanadvance, and such additional interest so notified to the Applicable Borrower by such Lender shall be due and payable to the Administrative Agent for the account of such Lender on each date on which interest is payable for such Loan. If a Lender fails advance. (s) Section 2.13(h) of the Loan Agreement is hereby amended and restated in its entirety to give such notice at least five Business Days before such date, then such additional interest shall be due and payable five Business Days after such notice is given.read as follows:

Additional Reserve Costs. (a) For so long as any Lender is required to comply make special deposits with (i) the requirements of European Central Bank and/or the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (ii) the comply with reserve assets, liquidity, cash margin or other requirements of the European Central BankBank and/or the Bank of England (or, in any case, any other authority which replaces all or any of its functions), to maintain reserve asset ratios or to pay fees, in each case in respect of the Euro-Rate Portion of such Lender’s Eurocurrency Loans or Swingline Foreign Currency Revolving Credit Loans, such Lender shall be entitled to require the Applicable Relevant Borrower to pay, contemporaneously with each payment of interest on each of such Revolving Credit Loans, additional interest on such Revolving Credit Loan at a rate per annum equal to the Mandatory Costs Rate calculated in accordance with the formula and in the manner set forth in Exhibit D Schedule V hereto. (b) . Any additional interest owed pursuant to paragraph (athis Section 4.08(b) above shall be determined in reasonable detail by the applicable Lender, which determination shall be conclusive and binding absent manifest error, and notified to the Applicable Relevant Borrower (with a copy to the Administrative Agent) at least five Business Days before each date on which interest is payable for the applicable Loan, and such additional interest so notified to the Applicable Relevant Borrower by such Lender shall be due and payable to the Administrative Agent for the account of such Lender on each date on which interest is payable for such Loan. If a Lender fails to give such notice at least five Business Days before such date, then such additional interest shall be due and payable five Business Days after such notice is given.