SEC Filings

10-12G
AMSURG CORP filed this Form 10-12G on 03/11/1997
Entire Document
 
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                 any such event, the Lender shall give telephonic notice
                 (immediately confirmed in writing) to the Borrower of such
                 determination, and the obligation of the Lender to offer or
                 permit the selection of the LIBOR-Based Rate shall be
                 terminated at the earlier of the end of the then current
                 LIBOR-Based Rate Period, and upon such date the Borrower, at
                 its option shall either repay the Revolving Credit Note,
                 without penalty, together with all interest accrued thereon,
                 or convert the Revolving Credit Note to the Base Rate.

                          (v)       Adjustments to Rate to Cover Additional
                 Cost. It is the intention of the parties that the LIBOR-Based
                 Rate shall accurately reflect the cost to Lender of
                 maintaining loans at the LIBOR-Based Rate during the
                 applicable LIBOR-Based Rate Period.  Accordingly:

                                    (i)    if by reason of any change after the
                          date hereof in any applicable law or governmental
                          rule, regulation or order (or any interpretation
                          thereof and including the introduction of any new law
                          or governmental rule, regulation or order), including
                          any change in the LIBOR reserve requirement, the cost
                          to Lender of maintaining loans at the LIBOR-Based
                          Rate or funding the same by means of a London
                          interbank market time deposit, as the case may be,
                          shall increase, the LIBOR-Based Rate then charged by
                          Lender shall be adjusted as necessary to reflect such
                          change in cost to such Lender, effective as of the
                          date on which such change in any applicable law,
                          governmental rule, regulation or order becomes
                          effective.

                                    (ii) if the Lender shall have determined
                          that the adoption after the Closing Date of any law,
                          rule, regulation or guideline regarding capital
                          adequacy, or any change in any of the foregoing or in
                          the interpretation or administration of any of the
                          foregoing by any governmental authority or agency,
                          central bank or comparable agency charged with the
                          interpretation or administration thereof, or
                          compliance by the Lender (or any lending office of
                          the Lender) or the Lender's holding company with any
                          request or directive regarding capital adequacy
                          (whether or not having the force of law) of any such
                          governmental authority or agency, central bank or
                          comparable agency, has or would have the effect of
                          reducing the rate of return on the Lender's capital
                          or on the capital of the Lender's holding company, as
                          a consequence of the Lender's obligations under this
                          Agreement or the Advances made by such Lender
                          pursuant hereto to a level





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