Common use of Reimbursement for Increased Costs Clause in Contracts

Reimbursement for Increased Costs. If any Lender shall determine that a Regulatory Change shall, or the Bank of England does now or shall, impose, modify or make applicable any reserve, special deposit, compulsory loan, assessment, increased cost or similar requirement against assets held by, or deposits of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender in respect of its Fixed Rate Loans which is not otherwise included in the determination of a Eurodollar Rate, Core Currency Euro Rate or Bid Rate, as the case may be, and the result of any of the foregoing is to increase the cost to such Lender of making, renewing, converting or maintaining its Fixed Rate Loans or its commitment to make such Fixed Rate Loans, or to reduce any amount receivable under the Loan Documents in respect of its Fixed Rate Loans, then, in any such case, the Parent Borrower agrees to pay such Lender, within ten days after demand therefor, such additional amounts as is sufficient to compensate such Lender for such additional cost or reduction in such amount receivable which such Lender deems to be material as determined by such Lender (which demand shall be accompanied by a statement setting forth the calculations of such additional amounts in reasonable detail which statement shall be conclusive absent manifest error). Notwithstanding anything to the contrary herein, no amount shall be required to be paid pursuant to this Section to the extent that such amount shall have been incurred by the applicable Lender more than 90 days prior to the date on which such Lender shall have made demand therefor pursuant to this Section.

Appears in 2 contracts

Samples: Credit Agreement (Bowne & Co Inc), Credit Agreement (Bowne & Co Inc)

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Reimbursement for Increased Costs. If any Lender Lender, the Issuing Bank or the Swing Line Lender, as the case may be, shall determine that a Regulatory Change shall, does or the Bank of England does now or shall, shall impose, modify or make applicable any reserve, special deposit, compulsory loan, assessment, increased cost or similar requirement against assets held by, or deposits of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender in respect of its Fixed Rate Loans or Letter of Credit, as the case may be, which is not otherwise included in the determination of a Eurodollar Rate, Core Currency Euro Rate, Bid Rate or Bid Negotiated Rate, as the case may be, and the result of any of the foregoing is to increase the cost to such Lender Lender, the Issuing Bank or the Swing Line Lender, as the case may be, of making, renewing, converting or maintaining its Fixed Rate Loans or Letters of Credit, as the case may be, or its commitment to make such Fixed Rate LoansLoans or the Letters of Credit, as the case may be, or to reduce any amount receivable under the Loan Documents in respect of its Fixed Rate LoansLoans or Letters of Credit, as the case may be, then, in any such case, the Parent Borrower agrees Borrowers severally agree to pay such Lender, the Issuing Bank or the Swing Line Lender, as the case may be, within ten days after demand therefor, such additional amounts as is sufficient to compensate such Lender Lender, the Issuing Bank or the Swing Line Lender, as the case may be, for such additional cost or reduction in such amount receivable which such Lender it deems to be material as determined by such Lender it (which demand shall be accompanied by a statement setting forth the calculations of such additional amounts in reasonable detail which statement shall be conclusive absent manifest error). Notwithstanding anything to the contrary herein, no amount shall be required to be paid pursuant to this Section to the extent that such amount shall have been incurred by the applicable Lender more than 90 days prior to the date on which such Lender shall have made demand therefor pursuant to this Section.

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

Reimbursement for Increased Costs. If any Lender shall determine that a Regulatory Change shall, or the Bank of England does now or shall, shall impose, modify or make applicable any reserve, special deposit, compulsory loan, assessment, increased cost or similar requirement against assets held by, or deposits of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender in respect of its Fixed Rate Loans which is not otherwise included in the determination of a Eurodollar Rate, Core Currency Euro Rate or Bid Alternate Currency Rate, as the case may be, and the result of any of the foregoing is to increase the cost to such Lender of making, renewing, converting or maintaining its Fixed Rate Loans or its commitment to make such Fixed Rate Loans, or to reduce any amount receivable under the Loan Documents in respect of its Fixed Rate Loans, then, in any such case, the Parent Borrower agrees to pay such Lender, within ten 10 days after demand therefor, such additional amounts as is sufficient to compensate such Lender for such additional cost or reduction in such amount receivable which such Lender deems to be material as determined by such Lender (which demand shall be accompanied by a statement setting forth the calculations of such additional amounts in reasonable detail which statement shall be conclusive absent manifest error). Notwithstanding anything to the contrary herein, no amount shall be required to be paid pursuant to this Section to the extent that such amount shall have been incurred by the applicable Lender more than 90 270 days prior to the date on which such Lender shall have made demand therefor pursuant to this Section.

Appears in 1 contract

Samples: Credit Agreement (Bowne & Co Inc)

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Reimbursement for Increased Costs. If any Lender Lender, either Issuing Bank or the Swing Line Lender, as the case may be, shall determine that a Regulatory Change shall, does or the Bank of England does now or shall, shall impose, modify or make Table of Contents applicable any reserve, special deposit, compulsory loan, assessment, increased cost or similar requirement against assets held by, or deposits of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender in respect of its Fixed Rate Loans or Letters of Credit, as the case may be, which is not otherwise included in the determination of a Eurodollar Rate, Core Currency Euro Rate, Bid Rate or Bid Negotiated Rate, as the case may be, and the result of any of the foregoing is to increase the cost to such Lender Lender, such Issuing Bank or the Swing Line Lender, as the case may be, of making, renewing, converting or maintaining its Fixed Rate Loans or Letters of Credit, as the case may be, or its commitment to make such Fixed Rate LoansLoans or the Letters of Credit, as the case may be, or to reduce any amount receivable under the Loan Documents in respect of its Fixed Rate LoansLoans or Letters of Credit, as the case may be, then, in any such case, the Parent Borrower agrees Borrowers severally agree to pay such Lender, such Issuing Bank or the Swing Line Lender, as the case may be, within ten days after demand therefor, such additional amounts as is are sufficient to compensate such Lender Lender, such Issuing Bank or the Swing Line Lender, as the case may be, for such additional cost or reduction in such amount receivable which such Lender it deems to be material as determined by such Lender it (which demand shall be accompanied by a statement setting forth the calculations of such additional amounts in reasonable detail which statement shall be conclusive absent manifest error). Notwithstanding anything to the contrary herein, no amount shall be required to be paid pursuant to this Section to the extent that such amount shall have been incurred by the applicable Lender more than 90 days prior to the date on which such Lender shall have made demand therefor pursuant to this Section.

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

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