Common use of Additional Reserve Requirements Clause in Contracts

Additional Reserve Requirements. Ryder shall pay (or cause the applicable Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurodollar Rate Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed in respect of the maintenance of the commitments or the funding of the Eurodollar Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, absent manifest error), which shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder shall have received at least fifteen (15) days’ prior notice (with a copy to the applicable Agent) of such additional costs from such Lender. If a Lender fails to give notice fifteen (15) days prior to the relevant Interest Payment Date, such additional costs shall be due and payable fifteen (15) days from receipt of such notice.

Appears in 2 contracts

Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)

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Additional Reserve Requirements. Ryder The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurodollar Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Commitments or the funding of the Eurodollar Eurocurrency Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided the Company shall have received at least fifteen (15) 10 days’ prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 2 contracts

Samples: Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp)

Additional Reserve Requirements. Ryder The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as "Eurocurrency liabilities"), additional interest on the unpaid principal amount of each Eurodollar Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Commitments or the funding of the Eurodollar Eurocurrency Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment Commitments or Loan Loans by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided that the Company shall have received at least fifteen (15) 10 days' prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Datedate on which interest is payable on such Loan, such additional interest or costs shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Wiley John & Sons Inc)

Additional Reserve Requirements. Ryder The Borrowers shall pay (or cause the applicable Borrower to pay) to each Lender, Lender (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”)deposits, additional interest on the unpaid principal amount of each Eurodollar Revolving Credit Loan under the Euro-Rate Option or EURIBOR Rate Option and each Term Loan under the Euro-Rate Option or EURIBOR Rate Option equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement under Regulation D or under any similar, successor or analogous requirement of the Board of Governors of the Federal Reserve System (or any successor) or any other central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Commitments or the funding of the Eurodollar Revolving Credit Loans under the Euro-Rate Loans, Alternative Currency Loans, Canadian Swing Line Option or EURIBOR Rate Option and/or Term Loans under the Euro-Rate Option or U.K. Swing Line LoansEURIBOR Rate Option, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided that in each case the Borrowers shall have received at least fifteen (15) ten days' prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice fifteen (15) ten days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable fifteen (15) ten days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Additional Reserve Requirements. Ryder The Borrowers shall pay (or cause the applicable Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurodollar Rate SOFR Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Commitments or the funding of the Eurodollar Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line SOFR Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal placesplaces with Dollar amounts rounded to two decimal points (for invoices and ledgers, but, for the avoidance of doubt, not rounded internally by the relevant Lender)) equal to the actual costs allocated to such commitment Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided the Borrowers shall have received at least fifteen (15) days10 Business Days’ prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such LenderLender describing the basis therefor and showing the calculation thereof in reasonable detail. If a Lender fails to give notice fifteen (15) days 10 Business Days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable fifteen (15) within 30 days from receipt of such notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (Warrior Met Coal, Inc.)

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Additional Reserve Requirements. Ryder The Company shall pay (or cause the applicable Designated Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurodollar Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Commitments or the funding of the Eurodollar Eurocurrency Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided the Company shall have received at least fifteen (15) 20 days’ prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice fifteen (15) ten days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable fifteen (15) ten days from receipt of such notice.

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

Additional Reserve Requirements. Ryder The Borrowers shall pay (or cause the applicable Borrower to pay) to each Lender, (i) as so long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”) (except to the extent that compensation for such required reserves is included in the Mandatory Cost), additional interest on the unpaid principal amount of each Eurodollar Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Eurodollar Rate Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive absent manifest error), and (ii) as so long as such Lender shall be required to comply with any other reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the commitments Revolving Commitments or the funding of the Eurodollar Eurocurrency Rate Loans, Alternative Currency Loans, Canadian Swing Line Loans or U.K. Swing Line Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such commitment Revolving Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive, conclusive absent manifest error), which in each case shall be due and payable on each date on which interest is payable on such Loan; provided, that, Ryder provided the Parent Borrower shall have received at least fifteen (15) 10 days’ prior notice (with a copy to the applicable Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice fifteen (15) 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable fifteen (15) 10 days from receipt of such notice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ventas Inc)

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