Common use of Additional Costs in Respect of Letters of Credit Clause in Contracts

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements there will be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment to issue Letters of Credit hereunder, and the result will be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will be the result of Lender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will be conclusive as to the amount thereof absent manifest error, provided that the determination thereof is made on a reasonable basis.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Del Frisco's Restaurant Group, Inc.), Loan Agreement (Del Frisco's Restaurant Group, Inc.)

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Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Lender’s commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to the Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of the Lender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Lender, the Borrower agrees to pay the Lender, from time to time as specified by the Lender, such additional amounts as will shall be sufficient to compensate the Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Lender, submitted by the Lender to the Borrower, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 2 contracts

Samples: Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Rf Monolithics Inc /De/)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements there will be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s 's commitment to issue Letters of Credit hereunder, and the result will be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will be the result of Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 2 contracts

Samples: Loan Agreement (State National Companies, Inc.), Security Agreement (Micropac Industries Inc)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements there will be imposed, modified, or deemed applicable any withholdings tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment to issue Letters of Credit hereunder, and the result will be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will be the result of Lender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to certificate setting forth in reasonable detail such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basisgood faith basis and absent manifest error.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Geospace Technologies Corp), Pledge and Security Agreement (Oyo Geospace Corp)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s 's commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will shall be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 2 contracts

Samples: Loan Agreement (Dgse Companies Inc), Loan Agreement (Dgse Companies Inc)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment 's Commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment Commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, to Lender from time to time as specified by Lender, such additional amounts as will shall be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 2 contracts

Samples: Loan Agreement (Arabian American Development Co), Loan Agreement (Arabian Shield Development Co)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment 's Commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment Commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will shall be sufficient to compensate Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 1 contract

Samples: Credit Agreement (Iri International Corp)

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Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or the Lender’s 's commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to the Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by the Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of the Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by the Lender, Borrower agrees the Borrowers agree to pay the Lender, from time to time as specified by the Lender, such additional amounts as will shall be sufficient to compensate the Lender for such increased costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by the Lender, submitted by the Lender to Borrowerthe Borrowers, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 1 contract

Samples: Loan Agreement (Integrated Performance Systems Inc)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s 's commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of Lender’s 's reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees Borrowers agree to pay Lender, to Lender from time to time as specified by Lender, such additional amounts as will shall be sufficient to compensate Lender for such increased costs or reductions in amount. A statement in reasonable detail as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to BorrowerBorrowers, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 1 contract

Samples: Loan Agreement (Oyo Geospace Corp)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements Regulatory Change there will shall be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment to issue Letters of Credit hereunder, and the result will shall be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will shall be the result of Lender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees Borrowers agree to pay Lender, to Lender from time to time as specified by Lender, such additional amounts as will shall be sufficient to compensate Lender for such increased costs or reductions in amount. A statement in reasonable detail as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to BorrowerBorrowers, will shall be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 1 contract

Samples: Loan Agreement (Oyo Geospace Corp)

Additional Costs in Respect of Letters of Credit. If as a result of any regulatory change in Governmental Requirements there will be imposed, modified, or deemed applicable any tax, reserve, special deposit, or similar requirement against or with respect to or measured by reference to Letters of Credit issued or to be issued hereunder or Lender’s commitment to issue Letters of Credit hereunder, and the result will be to increase the cost to Lender of issuing or maintaining any Letter of Credit or its commitment to issue Letters of Credit hereunder or reduce any amount receivable by Lender hereunder in respect of any Letter of Credit (which increase in cost, or reduction in amount receivable, will be the result of Lender’s reasonable allocation of the aggregate of such increases or reductions resulting from such event), then, upon demand by Lender, Borrower agrees to pay Lender, from time to time as specified by Lender, such additional amounts as will be sufficient to compensate Lender for such increased Loan Agreement 14 American Electric Technologies, Inc. costs or reductions in amount. A statement as to such increased costs or reductions in amount incurred by Lender, submitted by Lender to Borrower, will be conclusive as to the amount thereof absent manifest errorthereof, provided that the determination thereof is made on a reasonable basis.

Appears in 1 contract

Samples: Loan Agreement (American Electric Technologies Inc)

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