Increased Cost of Libor Loans Sample Clauses

Increased Cost of Libor Loans. If any applicable Law (whether now in effect or hereinafter enacted or promulgated, including Regulation D) or any interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof (whether or not having the force of Law):
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Increased Cost of Libor Loans. 18 Section 3.4. Notice; Change of Applicable Lending Office 18 Section 3.5. Availability 18 Section 3.6. Funding Losses 19 Section 3.7. Reimbursable Taxes 19 Section 3.8. Replacement of Lenders 20 ARTICLE IV—Conditions Precedent to Lending 20 Section 4.1. Documents to be Delivered 20 Section 4.2. Additional Conditions Precedent 22 ARTICLE V—Representations and Warranties 23 Section 5.1. No Default 23 Section 5.2. Organization and Good Standing 23 Section 5.3. Authorization 23 Section 5.4. No Conflicts or Consents 23 Section 5.5. Enforceable Obligations 23 Section 5.6. Initial Financial Statements 23 Section 5.7. Other Obligations and Restrictions 23 Section 5.8. Full Disclosure 24 Section 5.9. Litigation 24 Section 5.10. ERISA Plans and Liabilities 24 Section 5.11. Compliance with Permits, Consents and Law 24 Section 5.12. Environmental Laws 25 Section 5.13. Borrower's Subsidiaries 25 Section 5.14. Title to Properties 25 Section 5.15. Government Regulation 25 Section 5.16. Insider 25 Section 5.17. Solvency 25 Section 5.18. Not a "Reportable Transaction" 26 ARTICLE VI—Affirmative Covenants 26 Section 6.1. Payment and Performance 26 Section 6.2. Books, Financial Statements and Reports 26 Section 6.3. Other Information and Inspections 27 Section 6.4. Notice of Material Events 28 Section 6.5. Maintenance of Existence, Qualifications and Assets 28 Section 6.6. Payment of Taxes, etc. 28 Section 6.7. Insurance 28 Section 6.8. Compliance with Agreements and Law 29 Section 6.9. Guaranties of Subsidiaries 29 ARTICLE VII—Negative Covenants 29 Section 7.1. Subsidiary Indebtedness 29 Section 7.2. Limitation on Liens 30 Section 7.3. Limitation on Mergers 31 Section 7.4. Limitation on New Businesses 32 Section 7.5. Transactions with Affiliates 32 Section 7.6. Limitation on Distributions 32 Section 7.7. Restricted Contracts 32 Section 7.8. Debt Coverage Ratio 33 Section 7.9. Interest Coverage Ratio 33 Section 7.10. Unrestricted Subsidiaries 33 Section 7.11. No Negative Pledges 34 ARTICLE VIII—Events of Default and Remedies 34 Section 8.1. Events of Default 34 Section 8.2. Remedies 36 ARTICLE IX—Administrative Agent 36 Section 9.1. Appointment and Authority 36 Section 9.2. Exculpation, Administrative Agent's Reliance, Etc. 36 Section 9.3. Credit Decisions 37 Section 9.4. Indemnification 37 Section 9.5. Rights as Lender 38 Section 9.6. Sharing of Set-Offs and Other Payments 38 Section 9.7. Investments 38 Section 9.8. Benefit of Article IX 38 Section 9.9. Resignation 39 Sect...
Sample 1
Increased Cost of Libor Loans. Section 3.4. Notice; Change of Applicable Lending Office Section 3.5. Availability Section 3.6. Funding Losses Section 3.7. Reimbursable Taxes Section 3.8. Replacement of Lenders.
Sample 1
Increased Cost of Libor Loans. If after the date hereof, the adoption of any applicable law, rule or regulation, or any change therein, or any change in the interpretation or administration hereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Bank with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency:
Sample 1

Related to Increased Cost of Libor Loans

  • Increased Costs Reserves on Eurodollar Rate Loans (a) Increased Costs Generally. If any Change in Law shall:

  • Increased Costs Reserves on Eurocurrency Rate Loans (a) If any Change in Law shall:

  • Booking of LIBOR Loans Any Lender may make, carry or transfer LIBOR Loans at, to, or for the account of any of its branch offices or the office of an Affiliate of that Lender.

  • Increased LIBO Rate Loan Costs, etc The Borrower agrees to reimburse each Lender and each Issuer for any increase in the cost to such Lender or Issuer of, or any reduction in the amount of any sum receivable by such Secured Party in respect of, such Secured Party’s Commitments and the making of Credit Extensions hereunder (including the making, continuing or maintaining (or of its obligation to make or continue) any Loans as, or of converting (or of its obligation to convert) any Loans into, LIBO Rate Loans) that arise in connection with any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in after the Restatement Effective Date of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority, except for such changes with respect to increased capital costs and Taxes which are governed by Sections 4.5 and 4.6, respectively. Each affected Secured Party shall promptly notify the Administrative Agent and the Borrower in writing of the occurrence of any such event, stating the reasons therefor and the additional amount required fully to compensate such Secured Party for such increased cost or reduced amount. Such additional amounts shall be payable by the Borrower directly to such Secured Party within five Business Days of its receipt of such notice, and such notice shall, in the absence of manifest error, constitute prima facie evidence thereof and shall be binding on the Borrower.

  • LIBOR Borrower may prepay principal on any portion of this Note which bears interest determined in relation to LIBOR at any time and in the minimum amount of One Hundred Thousand Dollars ($100,000.00); provided however, that if the outstanding principal balance of such portion of this Note is less than said amount, the minimum prepayment amount shall be the entire outstanding principal balance thereof. In consideration of Bank providing this prepayment option to Borrower, or if any such portion of this Note shall become due and payable at any time prior to the last day of the Fixed Rate Term applicable thereto by acceleration or otherwise, Borrower shall pay to Bank immediately upon demand a fee which is the sum of the discounted monthly differences for each month from the month of prepayment through the month in which such Fixed Rate Term matures, calculated as follows for each such month:

  • Increased Cost and Reduced Return; Capital Adequacy; Reserves on Eurocurrency Rate Loans (a) If any Lender determines that as a result of any Change in Law (including with respect to Taxes), or such Lender’s compliance therewith, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any Loan or issuing or participating in Letters of Credit, or a reduction in the amount received or receivable by such Lender in connection with any of the foregoing (excluding for purposes of this Section 3.03(a) any such increased costs or reduction in amount resulting from (i) Indemnified Taxes indemnifiable under Section 3.01, (ii) Excluded Taxes described in clauses (b) through (e) of the definition of “Excluded Taxes,” (iii) Excluded Taxes described in clause (a) of the definition of “Excluded Taxes” to the extent such Taxes are imposed on or measured by such Lender’s net income or profits (or are franchise Taxes imposed in lieu thereof) or (iv) reserve requirements contemplated by Section 3.03(c)), then from time to time within fifteen (15) days after demand by such Lender setting forth in reasonable detail such increased costs (with a copy of such demand to the Administrative Agent given in accordance with Section 3.05), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such increased cost or reduction; provided that in the case of any Change in Law only applicable as a result of the proviso set forth in the definition thereof, such Lender will only be compensated for such amounts that would have otherwise been imposed under the applicable increased cost provisions and only to the extent the applicable Lender is imposing such charges on other generally similarly situated borrowers (but not necessarily all such borrowers) under comparable syndicated credit facilities.

  • Suspension of LIBOR Rate Loans In the event that, prior to the commencement of any Interest Period relating to any LIBOR Rate Loan, the Agent shall determine that adequate and reasonable methods do not exist for ascertaining LIBOR for such Interest Period, or the Agent shall reasonably determine that LIBOR will not accurately and fairly reflect the cost of the Lenders making or maintaining LIBOR Rate Loans for such Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower and the Lenders absent manifest error) to the Borrower and the Lenders. In such event (a) any Loan Request with respect to a LIBOR Rate Loan shall be automatically withdrawn and shall be deemed a request for a Base Rate Loan and (b) each LIBOR Rate Loan will automatically, on the last day of the then current Interest Period applicable thereto, become a Base Rate Loan, and the obligations of the Lenders to make LIBOR Rate Loans shall be suspended until the Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Lenders.

  • Booking of LIBOR Rate Loans Any Lender may make, carry or transfer LIBOR Rate Loans at, to, or for the account of any of its branch offices or the office of an Affiliate of such Lender.

  • Increased Cost and Reduced Return; Capital Adequacy; Reserves on Eurodollar Rate Loans (a) If any Lender determines that as a result of the introduction of or any change in or in the interpretation of any Law, or such Lender’s compliance therewith, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining Eurodollar Rate Loans or (as the case may be) issuing or participating in Letters of Credit, or a reduction in the amount received or receivable by such Lender in connection with any of the foregoing (excluding for purposes of this subsection (a) any such increased costs or reduction in amount resulting from (i) Taxes or Other Taxes (as to which Section 3.01 shall govern), (ii) changes in the basis of taxation of overall net income or overall gross income by the United States or any foreign jurisdiction or any political subdivision of either thereof under the Laws of which such Lender is organized or has its Lending Office, and (iii) reserve requirements contemplated by Section 3.04(c)), then from time to time upon demand of such Lender (with a copy of such demand to the Administrative Agent), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such increased cost or reduction.

  • Number and Amount of LIBOR Loans; Determination of Rate Each Borrowing of LIBOR Loans when made shall be in a minimum amount of $1,000,000, plus any increment of $500,000 in excess thereof. No more than ten (10) Borrowings of LIBOR Loans may be outstanding at any time, and all LIBOR Loans having the same length and beginning date of their Interest Periods shall be aggregated together and considered one Borrowing for this purpose. Upon determining LIBOR for any Interest Period requested by Borrowers, Agent shall promptly notify Borrowers thereof by telephone or electronically and, if requested by Borrowers, shall confirm any telephonic notice in writing.

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