Group banks serve businesses and customers all through the nation. Financial institution Products shall mean any one or more of credit cards providers, ACH Transactions, Hedge Agreements and Money Management Companies prolonged by both (i) Bank of America or any affiliate of Bank of America in reliance on Bank of Americas agreement to indemnify such affiliate, or (ii) in Agents sole, but affordable discretion, other Lenders; provided that Financial institution Merchandise shall not embrace its Excluded Swap Obligations.
(a) If any Lender determines that, as a consequence of either (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 bank or other Governmental Authority (whether or not or not having the force of legislation) 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 sometimes, upon demand (with a copy of such demand to be despatched to the Agent), pay to Agent for the account of such Lender, extra quantities as are ample to compensate such Lender for increased costs.
Any quantities so re-lent to Debtors shall bear interest on the price applicable to Base Charge Revolving Loans and for all other functions of this Agreement shall be treated as in the event that they were Revolving Loans, supplied, nevertheless, that for purposes of voting or consenting to matters with respect to the Loan Documents and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a Lender.
Anything on the contrary contained in this Agreement or in every other Mortgage Doc, any working lease of Regional or any of its subsidiaries that was recorded as an operating lease in accordance with GAAP, but which, due to a change in GAAP is subsequently required to be recorded as a capital lease, shall be deemed to be an working lease for functions of this Agreement and another Loan Document.
The failure of any Lender to make any Revolving Mortgage on any Funding Date (any such Lender, prior to the remedy of such failure, being hereinafter referred to as a Defaulting Lender) shall not relieve every other Lender of any obligation hereunder to make a Revolving Mortgage on such Funding Date, however no Lender shall be liable for the failure of another Lender to make the Revolving Mortgage to be made by such different Lender on any Funding Date.