Cost and Yield Protection. Usual for facilities and transactions of this type, consistent with the Documentation Precedent.
Cost and Yield Protection. Usual for facilities and transactions of this type, including customary tax gross-up provisions.
Cost and Yield Protection. Usual for facilities and transactions of this type, consistent with the Propco Bank Debt Documentation Principles. Assignments and Participations: Customary assignment provisions consistent with the Propco Bank Debt Documentation Principles.
Cost and Yield Protection. ..... The Interim Lenders shall receive cost and yield protection customary for facilities and transactions of this type, including but not limited to breakage costs incurred in connection with any repayment of the Interim Loans on a day other than the last day of an interest period, compensation in respect of prepayments, taxes (including but not limited to gross-up provisions for withholding taxes imposed by any domestic or foreign governmental authority, including taxes relating to gross-up payments), changes in capital requirements, guidelines or policies or their interpretation or application, illegality, change in circumstances, reserves and other provisions deemed necessary by the Interim Lenders to provide customary protection for U.S. and non-U.S. financial institutions. REPRESENTATIONS AND WARRANTIES................... The Interim Loan Agreement will contain such representations and warranties of the Company and the Guarantors as are customary for financings of this kind or deemed appropriate by the Interim Lenders for this transaction in particular (in their sole discretion).
Cost and Yield Protection. Usual and customary for facilities of this type, in accordance with Documentation Principles.
Cost and Yield Protection. Usual for facilities and transactions of this type consistent with the Documentation Precedent (including, without limitation, customary provisions relating to Xxxx-Xxxxx and Basel III).
Cost and Yield Protection. Usual for facilities and transactions of this type and substantially as provided in the Existing Credit Agreement.
Cost and Yield Protection. Customary for transactions and facilities of this type, including, without limitation, in respect of breakage or redeployment costs, changes in capital adequacy, liquidity and capital requirements or their interpretation (including pursuant to Xxxx-Xxxxx or Basel III), illegality, unavailability and clear of withholding or other taxes.
Cost and Yield Protection. The Facilities Documentation will contain customary provisions protecting the Lenders in the event of prepayment or failure to borrow (funding indemnity), unavailability of funding, capital adequacy requirements and increased costs due to changes in law or regulation after the date of the Credit Facilities or, if later, the date on which the applicable Lender becomes a Lender; provided that a Lender shall not be entitled to submit a claim for compensation based upon a change in law or regulation unless it shall have determined that the making of such claim is consistent with its general practices under similar circumstances in respect of similarly situated borrowers with credit facilities entitling it to make such claims (it being agreed that no Lender shall be required to disclose any confidential or proprietary information in connection with such determination or the making of such claim). The obligation of the Borrower and the Guarantors to gross up for and/or to indemnify Lenders for taxes imposed on payments will be subject to customary mitigation requirements and other exceptions, including the requirement to provide applicable tax-related documentation, it being understood that the gross-up obligations shall not apply to withholding taxes imposed by Sections 1471 through 1474 of the Internal Revenue Code (and any amended or successor provisions to the extent substantially comparable thereto) and any regulations promulgated thereunder or guidance issued pursuant thereto. Customary protections for increased costs imposed as a result of the Xxxx-Xxxxx Act or Basel III shall be included subject to the limitation in the proviso of the first sentence of the immediately preceding paragraph.
Cost and Yield Protection. Usual for facilities and transactions of this type, including customary increased costs and tax gross-up provisions. In addition, upon any voluntary or mandatory prepayment of the Loan, Borrower shall reimburse Lender for costs associated with early termination of any currency hedging arrangements relating to the Loan.
