Common use of Increased or Reduced Costs, etc Clause in Contracts

Increased or Reduced Costs, etc. RCFC agrees to reimburse each Purchaser (each, an “Affected Person”) for any increase in the cost of, or any reduction in the amount of any sum receivable by any such Affected Person, including reductions in the rate of return on such Affected Person’s capital, in respect of making, continuing or maintaining (or of its obligation to make, continue or maintain) any Advances as, or of converting (or of its obligation to convert) any Advances into, part of the Series 2000-0 Xxxxxxxxxx Xxxxxxx that arise in connection with any Change in Law, except for any Changes in Law with respect to increased capital costs and except for any taxes that are governed by Sections 2.07 and 2.12, respectively. Each such demand shall be provided to the related Managing Agent and RCFC in writing and shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Affected Person for such increased cost or reduced amount or return. Such additional amounts shall be payable by RCFC to such Managing Agent and by such Managing Agent directly to such Affected Person within five (5) Business Days of RCFC’s receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on RCFC.

Appears in 2 contracts

Samples: Note Purchase Agreement (Dollar Thrifty Automotive Group Inc), Note Purchase Agreement (Dollar Thrifty Automotive Group Inc)

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Increased or Reduced Costs, etc. RCFC HVF agrees to reimburse each Conduit Investor and each Committed Note Purchaser and any Program Support Provider (each, an “Affected Person”) for any increase in the cost of, or any reduction in the amount of any sum receivable by any such Affected Person, including reductions in the rate of return on such Affected Person’s capital, Person in respect of making, continuing or maintaining (or of its obligation to make, continue or maintain) any Advances as, or of converting (or of its obligation to convert) any Advances into, part of the Series 20000000-0 Xxxxxxxxxx Xxxxxxx of such Advance that arise in connection with any Change Changes in Law, except for any such Changes in Law with respect to increased capital costs and except for any taxes that which are governed by Sections 2.07 3.07 and 2.123.08, respectively. Each such demand shall be provided to the related Managing Funding Agent and RCFC HVF in writing and shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Affected Person for such increased cost or reduced amount or return. Such additional amounts shall be payable by RCFC HVF to such Managing Funding Agent and by such Managing Funding Agent directly to such Affected Person within five (5) Business Days of RCFCHVF’s receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on RCFCHVF.

Appears in 1 contract

Samples: Note Purchase Agreement (Hertz Global Holdings Inc)

Increased or Reduced Costs, etc. RCFC agrees to reimburse each Note Purchaser (each, an “Affected Person”) for any increase in the cost of, or any reduction in the amount of any sum receivable by any such Affected PersonNote Purchaser, including reductions in the rate of return on such Affected PersonNote Purchaser’s capital, in respect of making, continuing or maintaining (or of its obligation to make, continue or maintain) any Advances as, or of converting (or of its obligation to convert) any Advances into, part of the Series 20000000-0 Xxxxxxxxxx Xxxxxxx that arise in connection with any Change in Law, except for any Changes in Law with respect to increased capital costs and except for any taxes that are governed by Sections 2.07 2.06 and 2.122.11, respectively. Each such demand shall be provided to the related Managing Agent and RCFC in writing and shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Affected Person the Note Purchaser for such increased cost or reduced amount or return. Such additional amounts shall be payable by RCFC to such Managing Agent and by such Managing Agent directly the Note Purchaser on the next Payment Date to such Affected Person within occur at least five (5) Business Days of after RCFC’s receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on RCFC.

Appears in 1 contract

Samples: Note Purchase Agreement (Dollar Thrifty Automotive Group Inc)

Increased or Reduced Costs, etc. RCFC agrees to reimburse each Purchaser (each, an “Affected Person”) for any increase in the cost of, or any reduction in the amount of any sum receivable by any such Affected Person, including reductions in the rate of return on such Affected Person’s capital, in respect of making, continuing or maintaining (or of its obligation to make, continue or maintain) any Advances as, or of converting (or of its obligation to convert) any Advances into, part of the Series 20000000-0 Xxxxxxxxxx Xxxxxxx that arise in connection with any Change in Law, except for any Changes in Law with respect to increased capital costs and except for any taxes that are governed by Sections 2.07 and 2.12, respectively. Each such demand shall be provided to the related Managing Agent and RCFC in writing and shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Affected Person for such increased cost or reduced amount or return. Such additional amounts shall be payable by RCFC to such Managing Agent and by such Managing Agent directly to such Affected Person within five (5) Business Days of RCFC’s receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on RCFC.

Appears in 1 contract

Samples: Note Purchase Agreement (Dollar Thrifty Automotive Group Inc)

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Increased or Reduced Costs, etc. RCFC HVF agrees to reimburse each Conduit Investor and each Committed Note Purchaser and any Program Support Provider (each, an “Affected Person”) for any increase in the cost of, or any reduction in the amount of any sum receivable by any such Affected Person, including reductions in the rate of return on such Affected Person’s capital, Person in respect of making, continuing or maintaining (or of its obligation to make, continue or maintain) any Advances as, or of converting (or of its obligation to convert) any Advances into, part of the Series 20000000-0 Xxxxxxxxxx Xxxxxxx of such Advance that arise in connection with any Change Changes in Law, except for any such Changes in Law with respect to increased capital costs and except for any taxes that are governed by Sections 2.07 3.07 and 2.123.08, respectively. Each such demand shall be provided to the related Managing Funding Agent and RCFC HVF in writing and shall state, in reasonable detail, the reasons therefor and the additional amount required fully to compensate such Affected Person for such increased cost or reduced amount or return. Such additional amounts shall be payable by RCFC HVF to such Managing Funding Agent and by such Managing Funding Agent directly to such Affected Person within five (5) Business Days of RCFCHVF’s receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on RCFCHVF.

Appears in 1 contract

Samples: Note Purchase Agreement (Cinelease, LLC)

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