Common use of Reserve Requirements; Change in Circumstances Clause in Contracts

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 3 contracts

Samples: Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co)

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Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans, Base Rate Loans (to the extent that the rate is determined pursuant to clause (iii) of the definition thereof) or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (db) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans and Base Rate Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans, Base Rate Loans (to the extent that the rate is determined pursuant to clause (iii) of the definition thereof) or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans and Base Rate Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Facility Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) i. It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) Banks of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of of, or changes in, reserve requirements imposed by the Board of Governors of the Federal Reserve System of the United States, including, but not limited to, reserve requirements under Regulation D of such Board of Governors ("REGULATION D") at the ratios provided for in Regulation D. Each D from time to time. The Borrower agrees to pay to each of such Lenders Bank from time to time, as provided in paragraph SUBDIVISION (dg)(3) below, such amounts as shall be necessary to compensate such Lender Bank for the portion of the cost of making or maintaining any Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) made by it resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereofrequirements, it being understood that the rates of interest applicable to Eurodollar Loans hereunder have been determined on the hypothetical assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders Banks in connection with such reserve requirements. It is agreed that for purposes of this paragraph SUBDIVISION (ag)(1) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for of proration, exemptions or offsets which might otherwise be available to the Lenders any Bank from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank Agent and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) avi It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of of, or changes in, reserve requirements imposed by the Board Board, including reserve requirements under Regulation D in connection with Eurocurrency Liabilities (as defined in Regulation D) at the ratios provided for in Regulation D. Each Borrower D from time to time. The Company agrees to pay to each of such Lenders Bank from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender Bank for the portion of the cost of making or maintaining Eurodollar LIBOR Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) and Competitive LIBO Rate Loans resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereofrequirements, it being understood that the rates of interest applicable to Eurodollar LIBOR Loans and Competitive LIBO Rate Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders Banks in connection with such reserve requirements. It is agreed that that, for purposes of this paragraph (a) ), the Eurodollar LIBOR Loans and Competitive LIBO Rate Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities (as defined in Regulation D D) and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders Banks from time to time under Regulation D.

Appears in 1 contract

Samples: Conformed Copy (Cummins Engine Co Inc)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Facility Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of of, or changes in, reserve requirements imposed by the Board Board, including reserve requirements under Regulation D in connection with Eurocurrency Liabilities (as defined in Regulation D) at the ratios provided for in Regulation D. Each Borrower D from time to time. The Company agrees to pay to each of such Lenders Bank from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender Bank for the portion of the cost of making or maintaining Eurodollar LIBOR Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) and Competitive LIBO Rate Loans resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereofrequirements, it being understood that the rates of interest applicable to Eurodollar LIBOR Loans and Competitive LIBO Rate Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders Banks in connection with such reserve requirements. It is agreed that that, for purposes of this paragraph (a) ), the Eurodollar LIBOR Loans and Competitive LIBO Rate Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities (as defined in Regulation D D) and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders Banks from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Agreement (Cummins Engine Co Inc)

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Reserve Requirements; Change in Circumstances. (a1) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) Banks of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of of, or changes in, reserve requirements imposed by the Board of Governors of the Federal Reserve System of the United States, including, but not limited to, reserve requirements under Regulation D of such Board of Governors ("Regulation D") at the ratios provided for in Regulation D. Each D from time to time. The Borrower agrees to pay to each of such Lenders Bank from time to time, as provided in paragraph subdivision (dG)(3) below, such amounts as shall be necessary to compensate such Lender Bank for the portion of the cost of making or maintaining any Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) made by it resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereofrequirements, it being understood that the rates of interest applicable to Eurodollar Loans hereunder have been determined on the hypothetical assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders Banks in connection with such reserve requirements. It is agreed that for purposes of this paragraph subdivision (aG)(1) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for of proration, exemptions or offsets which might otherwise be available to the Lenders any Bank from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any the Swing Line Bank and any the Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each The Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (d) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuserof) the Borrower resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Facility Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans or Letters Base Rate Loans (to the extent that the rate is determined pursuant to clause (iii) of Credit the definition of “Base Rate”) may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each The Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (db) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) and Base Rate Loans resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Term Loan Agreement (Weyerhaeuser Co)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Eurodollar, Eurocurrency or Pounds Sterling Loans or Letters of Credit may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each Borrower agrees D on the date hereof, or because of any Mandatory Costs now existing or hereafter imposed. The Borrowers agree to pay to each of such Lenders Lender from time to time, as provided in paragraph (d) below, time such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Eurodollar, Eurocurrency or Pounds Sterling Loans to such Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any increase in such reserve requirements provided for in Regulation D (or any successor regulation or ruling issued in respect thereof) from those as in effect on the date thereofhereof, or because of any Mandatory Costs now existing or hereafter imposed it being understood that the rates of interest applicable to Eurodollar such Loans have been determined on the assumption that no such reserve requirements or Mandatory Costs exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D..

Appears in 1 contract

Samples: Revolving Credit Agreement (Group 1 Automotive Inc)

Reserve Requirements; Change in Circumstances. (a) It is understood that the cost to each Lender (including the Administrative Agent, any Swing Line Bank and any Fronting Bank) of making or maintaining any of the Eurodollar Loans, Base Rate Loans or Letters (to the extent that the rate is determined pursuant to clause (iii) of Credit the definition thereof) may fluctuate as a result of the applicability of reserve requirements imposed by the Board at the ratios provided for in Regulation D. Each The Borrower agrees to pay to each of such Lenders from time to time, as provided in paragraph (db) below, such amounts as shall be necessary to compensate such Lender for the portion of the cost of making or maintaining Eurodollar Loans and Base Rate Loans to such the Borrower (or issuing Letters of Credit for the account of Weyerhaeuser) resulting from any such reserve requirements provided for in Regulation D as in effect on the date thereof, it being understood that the rates of interest applicable to Eurodollar Loans have been determined on the assumption that no such reserve requirements exist or will exist and that such rates do not reflect costs imposed on the Lenders in connection with such reserve requirements. It is agreed that for purposes of this paragraph (a) the Eurodollar Loans made hereunder shall be deemed to constitute Eurocurrency Liabilities as defined in Regulation D and to be subject to the reserve requirements of Regulation D without the benefit of or credit for proration, exemptions or offsets which might otherwise be available to the Lenders from time to time under Regulation D.

Appears in 1 contract

Samples: Credit Agreement (Weyerhaeuser Co)

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