Common use of RECOVERY OF ADDITIONAL COSTS Clause in Contracts

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (TX Holdings, Inc.)

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RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect -respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Amexdrug Corp)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefortherefore, within five (5) days after XxxxxxLender’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Loan Agreement (Broadview Institute Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority BUSINESS LOAN AGREEMENT (Continued) Page 5 (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Southern Michigan Bancorp Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise Franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Agreement of Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s 's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Heartland Financial Usa Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Allied Esports Entertainment, Inc.)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, rule regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority ({including any request or policy not having the force of law) } shall impose, modify or make applicable any taxes ({except federal, state or local income or franchise taxes imposed on Lender)}, reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, . (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this the Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Versant Corp)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed Imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s Lenders obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lenders written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Surge Components Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) } shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after XxxxxxLender’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Loan Agreement (Champion Industries Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on the Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to the Lender for extending or maintaining the credit facilities Term Loans to which this Agreement relates, (B) reduce the amounts payable to the Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on the Lender’s capital as a consequence of Lender’s obligations with respect to any of the credit facilities to which this Agreement relatesObligations, than then the Borrower agrees to pay the Lender such additional amounts as will compensate the Lender therefor, within five (5) days after Xxxxxxthe Lender’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by the Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Registration Rights Agreement (NKGen Biotech, Inc.)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Wilhelmina International, Inc.)

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RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) 8) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Terms Agreement (Coeur D Alenes Co /Ia/)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s ' s capital as a consequence of Lender’s ' s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s Lender' s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Torotel Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after XxxxxxLxxxxx’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.. Classification: Internal Use

Appears in 1 contract

Samples: Business Loan Agreement (BioLife4D Corp)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) /awl shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Rancon Realty Fund V)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital capital, as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after XxxxxxLender’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Pinnacle Data Systems Inc)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, . state or local income or franchise taxes imposed on Lender), reserve requirements, . capital adequacy requirements or other ether obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s capital as a consequence of Lender’s obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefortherefore, within five (5) days after Xxxxxx’s Lenders written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in In reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Prospect Acquisition Corp)

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation regulation, guideline, or guidelinegenerally accepted accounting principle, or the interpretation or application of any thereof by any court or court, administrative or governmental authority authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (C) reduce the rate of return on Lender’s 's capital as a consequence of Lender’s 's obligations with respect to the credit facilities to which this Agreement relates, than then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Xxxxxx’s 's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Business Loan Agreement (Wilhelmina International, Inc.)

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