Common use of Increased Costs Generally Clause in Contracts

Increased Costs Generally. If any Regulatory Requirement shall (i) subject any Lender or Related Person to any Taxes (other than Indemnified Taxes and Excluded Taxes) on its Loan or Commitment hereunder or its deposits, reserves, other liabilities or capital attributable thereto; or (ii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, any Lender or Related Person, and the result of any of the foregoing shall be an increase in the cost of, or any reduction in the amount of any sum received or receivable by, such Lender or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintain) any Loan hereunder, then, from time to time either (x) within 10 days of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments), the Borrower will pay to the applicable Lender, on behalf of such Lender or any Related Person, such additional amount or amounts as will compensate such Lender or any such Related Person, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection (b) of this Section and Section 2.08.

Appears in 7 contracts

Samples: Warehouse Credit Agreement (LendingClub Corp), Warehouse Credit Agreement (LendingClub Corp), Assignment and Assumption Agreement (LendingClub Corp)

AutoNDA by SimpleDocs

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense (other than Taxes) affecting this Agreement or Loans made by such Lender or participation therein; and the result of any of the foregoing shall be an to increase in the cost ofto such Lender or such other Recipient of making, converting to, continuing or maintaining any Loan or of maintaining its obligation to make any such Loan, or any reduction in to increase the cost to such Lender, or to reduce the amount of any sum received or receivable by, by such Lender or Related Personother Recipient hereunder (whether of principal, that in the case of interest or any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 days of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments), the Borrower will pay to the applicable Lender, on behalf upon request of such Lender or any Related Personother Recipient, the Borrowers will pay to such Lender or other Recipient, as the case may be, such additional amount or amounts as will compensate such Lender or any such Related Personthe Issuing Lender or other Recipient, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection . (b) of this Section and Section 2.08.)

Appears in 2 contracts

Samples: Term Loan Agreement (Triton International LTD), Term Loan Agreement (Triton International LTD)

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense (other than Taxes) affecting this Agreement or Term SOFR Loans made by such Lender; and the result of any of the foregoing shall be an to increase the cost to such Lender of making, converting to, continuing or maintaining any Loan the interest on which is determined by reference to the Term SOFR (or of maintaining its obligation to make any such Loan) (or, in the cost ofcase of clause (ii), any Loan), or such L/C Issuer of participating in, issuing or maintaining any reduction Letter of Credit (or of maintaining its obligation to participate in or to issue any Letter of Credit),or to reduce the amount of any sum received or receivable by, by such Lender or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintain) any Loan hereunder, then, from time to time either (x) within 10 days of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments), the Borrower will pay to the applicable Lender, on behalf of such Lender or any Related Person, such additional amount or amounts as will compensate such Lender or any such Related PersonL/C Issuer, as the case may be, for hereunder (whether of principal, interest or any other amount) then, within 30 days after a receipt of a request of such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection (b) of this Section and Section 2.08.Xxxxxx accompanied by the certificate

Appears in 2 contracts

Samples: Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense (other than Taxes) affecting this Agreement or Loans based upon SOFR made by such Lender; and the result of any of the foregoing shall be an to increase in the cost ofto such Lender of making, converting to, continuing or maintaining any Loan (or of maintaining its obligation to make any such Loan), or any reduction in to reduce the amount of any sum received or receivable by, by such Lender (whether of principal, interest or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 days upon request of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments)Lender, the Borrower will pay to the applicable such Lender, on behalf of such Lender or any Related Personas the case may be, such additional amount or amounts as will compensate such Lender or any such Related PersonLender, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection . (b) of this Section and Section 2.08.)

Appears in 2 contracts

Samples: Credit Agreement (Franklin Resources Inc), Term Loan Credit Agreement (Franklin Resources Inc)

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; or (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on with respect to this Loan Agreement or any of the other Transaction Documents or any of its Loan obligations hereunder or Commitment hereunder thereunder or any payments to such Lender of principal, interest, fees or other amounts payable hereunder, or its deposits, reserves, other liabilities or capital attributable thereto; or (ii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, any Lender or Related Person, and the result of any of the foregoing shall be an to increase in the cost ofto such Lender or other Recipient of making or maintaining any Note (or of maintaining its obligation to make any such Note), or any reduction in to reduce the amount of any sum received or receivable by, by such Lender hereunder (whether of principal, interest or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 days upon request of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments)Lender, the Borrower will pay to the applicable such Lender, on behalf of such Lender or any Related Personas the case may be, such additional amount or amounts as will compensate such Lender or any such Related PersonLender, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection . (b) of this Section and Section 2.08.)

Appears in 1 contract

Samples: Loan and Security Agreement (Sterling Construction Co Inc)

Increased Costs Generally. If any Regulatory Requirement shall (i) subject any Lender or Related Person to any Taxes (other than Indemnified Taxes and Excluded Taxes) on its Loan or Commitment hereunder or its deposits, reserves, other liabilities or capital attributable thereto; or (ii) Change in Law shall: impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge, special deposit charge or similar requirement against assets of, deposits with or for account of, or credit extended by, any Lender (except any such reserve requirement reflected in the Adjusted LIBO Rate); or Related Personsubject any Lender to any Taxes (other than Covered Taxes and Taxes described in clauses (a)(ii), (c) and (d) of the definition of Excluded Taxes) on its loans, loan principal, letters of credit, commitments, or other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or impose on any Lender or the London interbank market any other condition, cost or expense (other than Taxes) affecting this Agreement or Eurocurrency Loans made by such Lender or participation therein; and the result of any of the foregoing shall be an to increase in the cost of, to such Lenders of making or maintaining any reduction in Eurocurrency Loan (or of maintaining its obligation to make any such Loan) or to reduce the amount of any sum received or receivable by, by such Lender hereunder (whether of principal, interest or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintain) any Loan hereunderotherwise), then, from time to time either (x) within 10 days of demand thereof (if paid directly to upon such Lender by providing the Borrower from funds other than Collections) or (y) with reasonable detail on the next Settlement Date after calculation of such tenth day if increased costs or reduction (except that in no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Paymentsevent shall any Lender be required to provide any information or detail that it believes is confidential), the Borrower will pay to the applicable such Lender, on behalf of such Lender or any Related Personin Dollars, such additional amount or amounts as will compensate such Lender or any such Related Person, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection (b) of this Section and Section 2.08.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Alcentra Capital Corp)

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or advances, loans or other credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense (other than Taxes) affecting this Agreement or Term SOFR Loans made by such Lender; and the result of any of the foregoing shall be an to increase in the cost ofto such Lender or such other Recipient of making, converting to, continuing or maintaining any Loan (or of maintaining its obligation to make any such Loan), or any reduction in to reduce the amount of any sum received or receivable by, by such Lender or Related Personsuch other Recipient hereunder (whether of principal, that in the case of interest or any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 days of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments), the Borrower will pay to the applicable Lender, on behalf upon written request of such Lender or other Recipient, the Borrower shall promptly pay to any Related Personsuch Lender or other Recipient, as the case may be, such additional amount or amounts as will compensate such Lender or any such Related Personother Recipient, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection . (b) of this Section and Section 2.08.)

Appears in 1 contract

Samples: Loan Agreement (Globe Life Inc.)

AutoNDA by SimpleDocs

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense (other than Taxes) affecting this Agreement or Term SOFR Loans made by such Lender; and the result of any of the foregoing shall be an to increase the cost to such Lender of making, converting to, continuing or maintaining any Loan the interest on which is determined by reference to the Term SOFR (or of maintaining its obligation to make any such Loan) (or, in the cost ofcase of clause (ii), any Loan), or any reduction in to reduce the amount of any sum received or receivable by, by such Lender hereunder (whether of principal, interest or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 30 days after a receipt of demand thereof (if paid directly to a request of such Lender Xxxxxx accompanied by the Borrower from funds other than Collectionscertificate described in clause (c) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments)below, the Borrower will pay to the applicable Lender, on behalf of such Lender or any Related Person, such additional amount or amounts as will compensate such Lender or any such Related Person, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection ; provided that no Lender shall make a demand for payment hereunder unless such Lender is also making demand for payment on similarly situated borrowers. (b) of this Section and Section 2.08.)

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial, Inc.)

Increased Costs Generally. If any Regulatory Requirement shall Change in Law shall: (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender; (ii) subject any Lender or Related Person Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of “Excluded Taxes” and Excluded (C) Connection Income Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, impose on any Lender any other condition, cost or Related Person, expense affecting this Agreement made by such Lender or participation therein; and the result of any of the foregoing shall be an to increase in the cost ofto such Lender of making, converting to, continuing or maintaining any Loan (or of maintaining its obligation to make any such Loan), or any reduction in to reduce the amount of any sum received or receivable by, by such Lender hereunder (whether of principal, interest or Related Person, that in the case of any of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintainother amount) any Loan hereunder, then, from time to time either (x) within 10 days upon request of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments)Lender, the Borrower will pay to the applicable such Lender, on behalf of such Lender or any Related Personas the case may be, such additional amount or amounts as will compensate such Lender or any such Related PersonLender, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection . (b) of this Section and Section 2.08.)

Appears in 1 contract

Samples: Credit Agreement (Lamb Weston Holdings, Inc.)

Increased Costs Generally. If any Regulatory Requirement Change in Law shall (i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or advances, loans or other credit extended or participated in by, the Lender (except any reserve requirement reflected in the LIBOR Rate), (ii) subject any the Lender or Related Person to any Taxes (other than (A) Indemnified Taxes and (B) Excluded Taxes) on its Loan loans, loan principal, letters of credit, commitments, or Commitment hereunder other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; thereto or (iiiii) impose, modify or deem applicable any reserve, compulsory loan, insurance charge, special deposit or similar requirement against assets of, deposits with or for account of, or credit extended by, any impose on the Lender or Related Personthe London interbank market any other condition, cost or expense (other than Taxes) affecting this Agreement or LIBOR Rate Loans made by the Lender or any Letter of Credit, and the result of any of the foregoing shall be an to increase in the cost ofto the Lender of making, converting to, continuing or maintaining any Revolving Credit Loan (or of maintaining its obligation to make any such Revolving Credit Loan), or to increase the cost to the Lender issuing or maintaining any reduction in Letter of Credit or to reduce the amount of any sum received or receivable byby the Lender hereunder (whether of principal, such Lender interest or Related Personany other amount) then, that in the case of any upon written request of the foregoing, arise in respect of the making, continuing or maintaining (or the commitment to make, continue or maintain) any Loan hereunder, then, from time to time either (x) within 10 days of demand thereof (if paid directly to such Lender by the Borrower from funds other than Collections) or (y) on the next Settlement Date after such tenth day if no direct payment was made (from Collections held in the Collection Account in accordance with the Priority of Payments)Lender, the Borrower will shall promptly pay to the applicable Lender, on behalf of such Lender or any Related Person, such additional amount or amounts as will compensate such the Lender or any such Related Person, as the case may be, for such additional costs incurred or reduction suffered, but without duplication of any amount payable pursuant to subsection (b) of this Section and Section 2.08.

Appears in 1 contract

Samples: Credit Agreement (Channeladvisor Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.