Increased Costs Taxes. (i) Section 2.16(a)(ii) of the Existing Credit Agreement is amended and replaced in its entirety with the following:
Increased Costs Taxes. CAPITAL ADEQUACY ----------------------------------------
Increased Costs Taxes. 38 2.6 Special Provisions Governing LIBOR Rate Loans........................................ 43 2.7 Removal or Replacement of a Lender................................................... 45 2.8 Mitigation........................................................................... 45
Increased Costs Taxes. 53 SECTION 6.01.
Increased Costs Taxes. 34 3.1. Increased Costs 3.2. Break Funding Payments 36 3.3. Alternate Rate of Interest 3.4. Funding Indemnification 3.5. Withholding of Taxes; Gross-Up 3.6. Mitigation Obligations; Replacement of Lenders
Increased Costs Taxes. 17 3.10 Basis for Determining Interest Rate Inadequate or Unfair................................. 20
Increased Costs Taxes. If as a result of any law, regulation, treaty or directive, or any change therein, or in the interpretation or application thereof or the Letter of Credit Issuer's compliance with any request or directive (whether or not having the force of law) from any court 134 or governmental authority, agency or instrumentality, any reserve, premium, special deposit, special assessment or similar requirements against (a) the Letter of Credit Issuer's assets, (b) deposits with the Letter of Credit Issuer or for its account, or (c) credit extended by the Letter of Credit Issuer, are imposed, modified or deemed applicable and the Letter of Credit Issuer determines that, by reason thereof, the cost to it of issuing or maintaining the Letter of Credit is increased, the Account Party agrees to pay to the Letter of Credit Issuer upon demand (which demand shall be accompanied by a statement setting forth the basis for the calculation thereof) such additional amount or amounts as will compensate it for such additional cost. Determinations by the Letter of Credit Issuer, for the purposes of this Section 5, of the additional amounts required to compensate it in respect of the foregoing shall be conclusive absent manifest error. The Account Party further agrees to pay any applicable levies or other taxes imposed in connection with the Letter of Credit other than net income taxes payable by the Letter of Credit Issuer.
Increased Costs Taxes the Project Manager determines that the consequences to it of its liabilities in respect of any Increased Cost are excessive;
Increased Costs Taxes the Lessee determines that the consequences to it of its liabilities in respect of any Increased Cost are excessive;
Increased Costs Taxes. 24 2.05 Use of Proceeds.............................................................27
