Over 275 delegates gathered in Bucharest, Romania on 4 June for The Euromoney Regional Finance and Funding Conference for South-East Europe to discuss the macroeconomic outlook and the development of capital markets for the SEE economies. If the sum of outstanding Revolving Loans and the combination quantity of Pending Revolving Loans, along with all outstanding indebtedness owing by Debtors below all excellent Letters of Credit, exceeds the Availability, Lenders might refuse to make or in any other case limit the making of Revolving Loans as Lenders determine till such extra has been eliminated, subject to the Agents authority, in its sole discretion, to make Agent Advances pursuant to the phrases of subparagraph 2.2(i).
(a) If any Lender determines that, because of both (i) the introduction of or any Change in Regulation after the Closing Date or (ii) the compliance by such Lender with any guideline or request from any central financial institution or different Governmental Authority (whether or not or not having the drive of law) after the Closing Date, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining any LIBOR Revolving Loans, then Borrowers shall be answerable for, and shall on occasion, upon demand (with a duplicate of such demand to be sent to the Agent), pay to Agent for the account of such Lender, additional quantities as are adequate to compensate such Lender for increased costs.
Distribution shall imply, in respect of any company: (a) fee or making of any dividend or different distribution of property in respect to the capital inventory of such corporation, apart from distributions in capital inventory of the same class; or (b) the redemption or other acquisition of any capital stock of such corporation (together with for the needs of Section 8.12 hereof only, any repurchase of inventory by the relevant market exchange).
Excluded Taxes shall imply (1) taxes imposed on or measured by the general net income or gross receipts of the Agent or a Lender, franchise taxes, or any similar taxes assessed pursuant to the legal guidelines of the jurisdiction wherein the Agent or such Lender is organized, the jurisdiction in which such Agents or Lenders Lending Office or principal government workplace is positioned or any jurisdiction by which the Agent or such Lender is engaged in a commerce or business or, in each case, any subdivision thereof or therein and (2) any Taxes imposed on any withholdable cost payable to such recipient because of the failure of such recipient to satisfy the relevant requirements as set forth in FATCA (or any amended or successor model of FATCA that is substantively comparable).
Instantly previous Settlement Date have been utilized to Financial institution of Americas Revolving Loans (aside from to Non-Ratable Loans or Agent Advances during which such Lender has not yet funded its purchase of a participation pursuant to subparagraph 2.2(j)(ii) above), as offered for in the earlier sentence, Bank of America shall pay to Agent for the accounts of the Lenders, to be applied to the outstanding Revolving Loans of such Lenders, an quantity such that each Lender shall, upon receipt of such quantity, have, as of such Settlement Date, its Pro Rata Share of the Revolving Loans.