Increased Costs Clauses
(Credit Agreement)

Summary

These increased costs clauses are used in a credit agreement in a typical syndicated loan transaction. These clauses include practical guidance and drafting notes. Note that these clauses contemplate a financing that includes the following elements: • A senior secured credit facility consisting of a term loan A and a term loan B facility, both funded in full at closing. • Agency roles for each of an administrative agent, collateral agent and issuing bank, acting for a syndicate of lenders. • Collateral and guarantee support from the loan parties, generally including a group of the borrower's subsidiaries and the borrower's immediate parent entity. The capitalized terms used in these sample provisions should be conformed to the defined terms in the relevant credit agreement. These clauses should be read in conjunction with Yield Protection Clauses in Credit Agreements. For a full listing of key content covering a credit agreement, see Credit Agreement Resource Kit.