Common use of Taxes, Regulatory Costs and Reserve Percentages Clause in Contracts

Taxes, Regulatory Costs and Reserve Percentages. Upon Lender’s demand, Borrower shall pay to Lender, in addition to all other amounts which may be, or become, due and payable under this Note and Loan Documents, any and all actual Taxes and Regulatory Costs, to the extent they are not internalized by calculation of a One-Month LIBO Rate. Further, at Lender’s option, the One-Month LIBO Rate shall be automatically adjusted by adjusting the Reserve Percentage, as determined by Lender in its prudent banking judgment, from the date of imposition (or subsequent date selected by Lender) of any such Regulatory Costs. Lender shall give Borrower notice of any Taxes and Regulatory Costs as soon as practicable after their occurrence, but Borrower shall be liable for any actual Taxes and Regulatory Costs regardless of whether or when notice is so given.

Appears in 2 contracts

Samples: Second Modification Agreement (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc)

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Taxes, Regulatory Costs and Reserve Percentages. Upon Lender’s demand, Borrower shall pay to Lender, in addition to all other amounts which may be, or become, due and payable under this Note and the Loan DocumentsAgreement, any and all actual Taxes and Regulatory Costs, to the extent they are not internalized by calculation of a One-Month LIBO an Effective Rate. Further, at Lender’s option, the One-Month LIBO Effective Rate shall be automatically adjusted by adjusting the Reserve Percentage, as determined by Lender in its prudent banking judgment, from the date of imposition (or subsequent date selected by Lender) of any such Regulatory Costs. Lender shall give Borrower notice of any Taxes and Regulatory Costs as soon as practicable after their occurrence, but Borrower shall be liable for any actual Taxes and Regulatory Costs regardless of whether or when notice is so given.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Taxes, Regulatory Costs and Reserve Percentages. Upon Lender’s Xxxxxx's demand, Borrower shall pay to Lender, in addition to all other amounts which may be, or become, due and payable under this Note and Loan Documents, any and all actual Taxes and Regulatory Costs, to the extent they are not internalized by calculation of a One-Month LIBO Fixed Rate. Further, at Lender’s 's option, the One-Month LIBO Fixed Rate shall be automatically adjusted by adjusting the Reserve Percentage, as determined by Lender in its prudent banking judgment, from the date of imposition (or subsequent date selected by LenderXxxxxx) of any such Regulatory Costs. Lender shall give Borrower notice of any Taxes and Regulatory Costs as soon as practicable after their occurrence, but Borrower shall be liable for any actual Taxes and Regulatory Costs regardless of whether or when notice is so given.

Appears in 1 contract

Samples: Price Legacy Corp

Taxes, Regulatory Costs and Reserve Percentages. Upon Lender’s 's demand, Borrower shall pay to Lender, in addition to all xx xxl other amounts which may be, or become, due and payable under this Note and Loan Documents, any and all actual Taxes and Regulatory Costs, to the extent they are not internalized by calculation of a One-Month LIBO Fixed Rate. Further, at Lender’s 's option, the One-Month LIBO Fixed Rate shall be automatically adjusted by adjusting the Reserve Percentage, as determined by Lender in its prudent banking judgment, from the date of imposition (or subsequent date selected by Lender) of any such Regulatory Costs. Lender shall give Borrower Boxxxxxx notice of any Taxes and Regulatory Costs as soon as practicable after their occurrence, but Borrower shall be liable for any actual Taxes and Regulatory Costs regardless of whether or when notice is so given.

Appears in 1 contract

Samples: Communications & Power Industries Inc

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Taxes, Regulatory Costs and Reserve Percentages. Upon Lender’s demand, Borrower shall pay to Lender, in addition to all other amounts which may be, or become, due and payable under this Note and Loan Documents, any and all actual Taxes and Regulatory Costs, to the extent they are not internalized by calculation of a One-Month LIBO an Effective Rate. Further, at Lender’s option, the One-Month LIBO Effective Rate shall be automatically adjusted by adjusting the Reserve Percentage, as determined by Lender in its prudent banking judgment, from the date of imposition (or subsequent date selected by Lender) of any such Regulatory Costs. Lender shall give Borrower notice of any Taxes and Regulatory Costs as soon as practicable after their occurrence, but Borrower shall be liable for any actual Taxes and Regulatory Costs regardless of whether or when notice is so given.

Appears in 1 contract

Samples: Assumption and Modification Agreement (Cornerstone Core Properties REIT, Inc.)

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