Common use of Compensation Procedure Clause in Contracts

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a), or of the effect of capital maintained pursuant to Section 5.01(b), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of Credit, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 days of the receipt by the Borrower of the notice described in this Section 5.01(c).

Appears in 4 contracts

Sources: Credit Agreement (Buckeye GP Holdings L.P.), Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P)

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a), or of the effect of capital maintained pursuant to Section 5.01(b), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of CreditLoans, or on amounts receivable by it in respect of Loans or Letters of CreditLoans, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 days of the receipt by the Borrower of the notice described in this Section 5.01(c).

Appears in 4 contracts

Sources: Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P), Bridge Loan Agreement (Buckeye Partners L P)

Compensation Procedure. Any If Lender notifying notifies the Borrower of the incurrence of additional costs Additional Costs under this Section 5.01 shall in 5.01, such notice to the Borrower and the Agent shall set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each the Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a), or of the effect of capital maintained pursuant to Section 5.01(b5.01(c), on its costs or rate of return of maintaining Loans the Advances or its obligation to make Loans or issue Letters of Creditthe Advances, or on amounts receivable by it in respect of Loans or Letters of Creditthe Advances, and of the amounts required to compensate such the Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c5.01(b).

Appears in 2 contracts

Sources: Term Loan Agreement (Mariner Energy Inc), Term Loan Agreement (Mariner Energy LLC)

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a) or (b), or of the effect of capital maintained pursuant to Section 5.01(b5.01(c), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of CreditLoans, or on amounts receivable by it in respect of Loans or Letters of CreditLoans, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c5.01(d).

Appears in 2 contracts

Sources: Senior Revolving Credit Agreement (Transcoastal Marine Services Inc), Subordinated Credit Agreement (Transcoastal Marine Services Inc)

Compensation Procedure. Any If Lender notifying notifies the Borrower of the incurrence of additional costs Additional Costs under this Section 5.01 shall in 5.01, such notice to the Borrower and the Agent shall set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each the Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a) or (b), or of the effect of capital maintained pursuant to Section 5.01(b5.01(c), on its costs or rate of return of maintaining the Loans or its obligation to make Loans or issue Letters of Creditthe Loans, or on amounts receivable by it in respect of Loans or Letters of Creditthe Loans, and of the amounts required to compensate such the Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c5.01(d).

Appears in 2 contracts

Sources: Credit and Subordination Agreement (Mariner Energy Inc), Revolving Credit Agreement (Mariner Energy Inc)

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a) or (b), or of the effect of capital maintained pursuant to Section 5.01(b5.01(c), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of CreditLoans, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c5.01(d).

Appears in 1 contract

Sources: Credit Agreement (Brigham Exploration Co)

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a), or of the effect of capital maintained pursuant to Section 5.01(b), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of Credit, or on amounts receivable by it in respect of Loans or Letters of Credit, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c).

Appears in 1 contract

Sources: Credit Agreement (Buckeye Partners L P)

Compensation Procedure. Any Lender notifying the Borrower of the incurrence of additional costs Additional Costs under this Section 5.01 shall in such notice to the Borrower and the Agent set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(aSubsections 5.01(c) or (d), or of the effect of capital maintained pursuant to Section 5.01(bSubsection 5.01(e), on its costs or rate of return of maintaining Loans or its obligation to make Loans or issue Letters of CreditLoans, or on amounts receivable by it in respect of Loans or Letters of CreditLoans, and of the amounts required to compensate such Lender under this Section 5.01, shall be conclusive and binding for all purposespurposes absent manifest error, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(cSubsection 5.01(f).

Appears in 1 contract

Sources: Subordinate Credit Agreement (Crimson Exploration Inc.)

Compensation Procedure. Any If Lender notifying notifies the Borrower of the incurrence of additional costs Additional Costs under this Section 5.01 shall in 5.01, such notice to the Borrower and the Agent shall set forth in reasonable detail the basis and amount of its request for compensation. Determinations and allocations by each the Lender for purposes of this Section 5.01 of the effect of any Regulatory Change pursuant to Section 5.01(a) or (b), or of the effect of capital maintained pursuant to Section 5.01(b5.01(c), on its costs or rate of return of maintaining Loans the Advances or its obligation to make Loans or issue Letters of Creditthe Advances, or on amounts receivable by it in respect of Loans or Letters of Creditthe Advances, and of the amounts required to compensate such the Lender under this Section 5.01, shall be conclusive and binding for all purposes, provided that such determinations and allocations are made on a reasonable basis. Any request for additional compensation under this Section 5.01 shall be paid by the Borrower within 30 thirty (30) days of the receipt by the Borrower of the notice described in this Section 5.01(c5.01(d).

Appears in 1 contract

Sources: Credit Agreement (Mariner Energy Inc)