Common use of Claims for Increased Costs and Taxes Clause in Contracts

Claims for Increased Costs and Taxes. In the event that any ------------------------------------ Bank shall decline to make any type of Fixed Rate Advances pursuant to Section 10.1 or 10.2 hereof or shall have notified the Borrower that it is entitled to claim compensation pursuant to Section 2.12 or 10.3 hereof (each such Bank being an "Affected Bank"), the Borrower may designate a replacement bank (a "Replacement Bank") to assume the Commitments and the obligations of any such Affected Bank hereunder, and to purchase the outstanding Note or Notes of such Affected Bank and such Affected Bank's rights hereunder and with respect thereto, without recourse upon, or warranty by, or expense to, such Affected Bank, for a purchase price equal to the outstanding principal amount of the Loans of such Affected Bank plus all interest accrued and unpaid thereon and all other amounts owing to such Affected Bank hereunder, including without limitation, any amount which would be payable to such Affected Bank pursuant to Section 2.10, and upon such assumption and purchase by the Replacement Bank, such Replacement Bank shall be deemed to be a "Bank" for purposes of this Agreement and such Affected Bank shall cease to be a "Bank" for purposes of this Agreement and shall no longer have any obligations or rights hereunder (other than any obligations or rights which according to this Agreement shall survive the termination of this Agreement).

Claims for Increased Costs and Taxes. In the event that any ------------------------------------ Bank Lender shall decline to make any type of Fixed Rate Advances LIBOR Advance pursuant to Section 10.1 or 10.2 hereof or shall have notified the Borrower Borrowers that it is entitled to claim compensation pursuant to Section 2.12 or 10.3 hereof (each such Bank Lender being an "Affected BankLender"), the Borrower Borrowers may designate a replacement bank (a "Replacement BankLender") to assume the Commitments and the obligations of any such Affected Bank Lender hereunder, and to purchase the outstanding Note or Notes of such Affected Bank Lender and such Affected BankLender's rights hereunder and with respect thereto, without recourse upon, or warranty by, or expense to, such Affected BankLender, for a purchase price equal to the outstanding principal amount of the Loans of such Affected Bank Lender, plus all interest accrued and unpaid thereon and all other amounts owing to such Affected Bank Lender hereunder, including without limitation, any amount which would be payable to such Affected Bank Lender pursuant to Section 2.10, and upon such assumption and purchase by the Replacement BankLender, such Replacement Bank Lender shall be deemed to be a "BankLender" for purposes of this Agreement and such Affected Bank Lender shall cease to be a "BankLender" for purposes of this Agreement and shall no longer have any obligations or rights hereunder (other than any obligations or rights which according to this Agreement shall survive the termination of this Agreement).

Claims for Increased Costs and Taxes. In Prior to the occurrence of a Default in the event that any ------------------------------------ Bank shall decline to make any type of Fixed Rate Advances pursuant to Section 10.1 or 10.2 hereof or shall have notified the Borrower that it is entitled to claim compensation pursuant to Section 2.12 10.1 or Section 10.3 hereof (each such Bank being an "Affected Bank"), the Borrower may designate a replacement Canadian chartered bank reasonably acceptable to the Agent (a "Replacement Bank") to assume the Commitments Commitment and the obligations of any such Affected Bank hereunder, and to purchase the outstanding Note or Notes Accommodations of such Affected Bank and such Affected Bank's rights hereunder and with respect thereto, without recourse upon, or warranty by, or expense to, such Affected Bank, for a purchase price equal to the outstanding principal amount of the Loans Accommodations of such Affected Bank plus all interest accrued and unpaid thereon and all other amounts owing to such Affected Bank hereunder, including without limitation, any amount which would be payable to such Affected Bank pursuant to Section 2.10, hereunder and upon such assumption and purchase by the Replacement Bank, such Replacement Bank shall be deemed to be a "Bank" for purposes of this Agreement and such Affected Bank shall cease to be a "Bank" for purposes of this Agreement and shall no longer have any obligations or rights hereunder (other than any obligations or rights which according to this Agreement shall survive the termination of this Agreementthe Commitment).

Claims for Increased Costs and Taxes. In Prior to the occurrence of a Default in the event that any ------------------------------------ Bank shall decline to make any type of Fixed Rate Advances pursuant to Section 10.1 or 10.2 hereof or shall have notified the Borrower that it is entitled to claim compensation pursuant to Section 2.12 10.01 or 10.3 hereof (each such Bank being an "Affected Bank"), the Borrower may designate a replacement Canadian chartered bank reasonably acceptable to the Agent (a "Replacement Bank") to assume the Commitments Commitment and the obligations of any such Affected Bank hereunder, and to purchase the outstanding Note or Notes Accommodations of such Affected Bank and such Affected Bank's rights hereunder and with respect thereto, without recourse upon, or warranty by, or expense to, such Affected Bank, for a purchase price equal to the outstanding principal amount of the Loans Accommodations of such Affected Bank plus all interest accrued and unpaid thereon and all other amounts owing to such Affected Bank hereunder, including without limitation, any amount which would be payable to such Affected Bank pursuant to Section 2.10, hereunder and upon such assumption and purchase by the Replacement Bank, such Replacement Bank shall be deemed to be a "Bank" for purposes of this Agreement and such Affected Bank shall cease to be a "Bank" for purposes of this Agreement and shall no longer have any obligations or rights hereunder (other than any obligations or rights which according to this Agreement shall survive the termination of this Agreementthe Commitment).