Yield Protection Taxes. 48 3.1. Yield Protection 48 3.2. Changes in Capital Adequacy Regulations 49 3.3. Availability of Types of Advances; Adequacy of Interest Rate 49 3.4. Funding Indemnification 49 3.5. Taxes 50 3.6. Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity 53 3.7. Cutoff 54
Yield Protection Taxes. Section 4.01
Yield Protection Taxes. 3.1 Yield Protection 3.2 Changes in Capital Adequacy Regulations
Yield Protection Taxes. 3.1 Increased Costs 42 3.2 Capital Requirements 42 3.3 Compensation 43 3.4 Delay in Requests 43 3.5 Taxes 44 3076306v5 18445.00013 - TABLE OF CONTENTS (continued) Page 3.6 Designation of a Different Lending Installation 47
Yield Protection Taxes. 3.1 Increased Costs 5651 3.2 Capital Requirements 5651 15524773v115524773v5 TABLE OF CONTENTS (continued) Page 3.3 Compensation 5752
Yield Protection Taxes. (a) Notwithstanding anything in this Agreement or any other Loan Document to the contrary, if any Bank shall determine (which determination shall be conclusive in the absence of manifest error) that by reason of any applicable law or regulation or any change therein or the interpretation or application thereof or compliance therewith by Agent or Banks or any other changes affecting the London Interbank Market, (i) adequate and fair means do not exist for ascertaining the London Interbank Rate or (ii) the continuation of LIBOR Advances has been made impracticable by the occurrence of a contingency which materially and adversely effects the London Interbank Market, or (iii) any Regulatory Change shall make it unlawful for any Bank to make or maintain any LIBOR Advances or to match eurodollar liabilities thereto, or (iv) deposits in United States Dollars in the relevant amounts and of the relevant maturity are not available to a Bank in the London interbank market, then such Bank shall forthwith give notice thereof to Borrower. After said notice and until such time as such Bank shall determine that said adverse conditions no longer exist, (A) no additional LIBOR Advances shall be made by such Bank, and all requests for LIBOR Advances shall be deemed to request a Prime Rate Advance from such Bank, and (B) each outstanding LIBOR Advance made by such Bank shall be converted into a Prime Rate Advance on the last day of its Interest Period.
Yield Protection Taxes. (a) Section 3.3 of the Credit Agreement is amended and restated to read in its entirety as follows:
Yield Protection Taxes. Section 3.1.
Yield Protection Taxes. 3.1 Yield Protection; Changes in Capital Adequacy and Liquidity Regulations.
Yield Protection Taxes. 3.1. YIELD
