Common use of Cost Increase Clause in Contracts

Cost Increase. 10.1 If any of the Lenders (the “Cost Affected Lender”) incurs or expects to incur one of the following costs (the “Increased Cost”) after the Effective Date due to issue, implementation or change of any applicable laws, regulations and their interpretations, or compliance with requirements of the central bank or any fiscal, tax, financial or other authorities having jurisdiction over such Lender: (1) Any increase of cost or additional cost incurred by the Cost Affected Lender due to its execution or performance of this Agreement; (2) Any decrease of any amount received or receivable by the Cost Affected Lender under this Agreement; or (3) Any increase of cost or additional cost incurred by the Cost Affected Lender due to its participation in providing any Loan Fund, or maintaining or raising its Contribution Amount or its portion in any Loan Fund; Then, upon its knowledge of such circumstance, the Cost Affected Lender will notify the Agent Bank promptly (the “Cost Increase Notice”), which notice will include detailed description of the cause and basis of calculation for the Increased Cost. The Agent Bank will notify the Borrower of the Cost Increase Notice promptly after its receipt of such notice.

Appears in 2 contracts

Sources: Syndicated Loan Agreement, Syndicated Loan Agreement (Daqo New Energy Corp.)