Common use of RESERVES OR DEPOSIT REQUIREMENTS, ETC Clause in Contracts

RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time after the Effective Date any Regulatory Change shall impose, modify or deem applicable any reserve and/or special deposit requirement (other than reserves: (a) included in the Reserve Percentage, the effect of which is reflected in the interest rate(s) of the LIBOR Loan(s) or Competitive Libor Loan(s) in question or (b) attributable to requirements imposed by the Board of Governors of the Federal Reserve System on any Lender as a result of the failure of any such Lender to maintain necessary current capitalization or financial conditions imposed thereby) against assets held by, or deposits in or for the account of any Loans by any Lender, and the result of the foregoing is to increase the cost to such Lender of making or maintaining LIBOR Loans or Competitive Libor Loans, as the case may be, or reduce the amount of principal or interest received by such Lender with respect to LIBOR Loans or Competitive Libor Loans, then upon demand by such Lender the Company shall pay to such Lender from time to time on Interest Adjustment Dates with respect to such Loans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Lender for such increased cost or reduced amount, provided that such additional cost or reduced amount were allocable to such LIBOR Loans or Competitive Libor Loans.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)

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RESERVES OR DEPOSIT REQUIREMENTS, ETC. If at any time after the Effective Date any Regulatory Change shall impose, modify or deem applicable any reserve and/or special deposit requirement (other than reserves: (a) included in the Reserve Percentage, the effect of which is reflected in the interest rate(s) of the LIBOR Loan(s) or Competitive Libor Loan(s) in question or (b) attributable to requirements imposed by the Board of Governors of the Federal Reserve System on any Lender as a result of the failure of any such Lender to maintain necessary current capitalization or financial conditions imposed thereby) against assets held by, or deposits in or for the account of any Loans Loans, by any Lender, and the result of the foregoing is to increase the cost to such Lender of making or maintaining LIBOR Loans or Competitive Libor Loans, as the case may be, or reduce the amount of principal or interest received by such Lender with respect to LIBOR Loans or Competitive Libor Loans, then upon demand by such Lender the Company shall pay to such Lender from time to time on Interest Adjustment Dates with respect to such Loans, as additional consideration hereunder, additional amounts sufficient to fully compensate and indemnify such Lender for such increased cost or reduced amount, provided that such additional cost or reduced amount were allocable to such LIBOR Loans or Competitive Libor Loans.

Appears in 2 contracts

Samples: Credit Agreement (Sherwin Williams Co), Year Revolving Credit Agreement (Sherwin Williams Co)

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