Additional Amounts Payable. (a) If the adoption of or any change in any statute, rule, regulation, order or policy of any government authority or agency or in the interpretation or application thereof or compliance by the Bank with any request or directive (whether or not having the force of law) from any central bank or other government authority or agency made subsequent to the date hereof:
(i) shall subject the Bank to any tax of any kind whatsoever with respect to this Agreement, any Note or any Loan or change the basis of taxation of payments to the Bank in respect thereof (except for changes in the rate of tax on the overall net income of the Bank).
(ii) shall impose, modify or hold applicable any reserve, special deposit, compulsory loan or similar requirement against assets held by, deposits or other liabilities in or for the account of, advances, loans or other extensions of credit by, or any other acquisition of funds, by, any office of the Bank; or
(iii) shall impose on the Bank any other condition affecting the Credit Facility, this Agreement or any Loan; and the result of any of the foregoing is to increase the cost to the Bank, by an amount which the Bank deems to be material, of making, continuing or maintaining Loans or to reduce any amount receivable hereunder in respect thereof, then, in any such case, each Borrower or Portfolio whose Loans or access to Loans under the Credit Facility are affected by the foregoing shall promptly pay to the Bank, upon demand therefor by the Bank, such additional amount or amounts as will compensate the Bank for such increased cost or reduced amount receivable for all periods commencing 60 days after the Bank has provided notice thereof to the Borrowers.
(b) If the Bank shall have determined that the adoption of or any change in any statute, rule, regulation, order or policy of any government authority or agency regarding capital adequacy or in the interpretation or application thereof or compliance by the Bank or any corporation controlling the Bank with any request or directive regarding capital adequacy (whether or not having the force of law) from any governmental authority or agency made subsequent to the date hereof shall have the effect of reducing the rate of return on the Bank's or such corporation's capital as a consequence of its obligations hereunder to a level below that which the Bank or such corporation could have achieved but for such adoption, change or compliance by an amount deemed by the Bank to be material, then f...
Additional Amounts Payable. If any change or the enactment, adoption or judicial or administrative interpretation of any law, regulation, treaty, guideline or directive (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System) either (a) subject FHI to any additional tax, duty, charge, deduction or withholding with respect to any of the Loans (other than a tax measure by the net or gross income of FHI), or (b) imposes or increases any reserve, special deposit or similar requirement on account of any of the Loans not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on FHI on account of its issuing or maintaining any of the Loans; and if any of the foregoing (i) results in any increase to FHI in the cost of issuing or maintaining any of the Loans, or making any payment on account of any of the Loans, (ii) reduces the amount of any payment receivable by FHI under this Agreement with respect to any of the Loans, (iii) requires FHI to make any payment calculated by reference to the gross amount of any sum received or paid by FHI pursuant to any of the Loans, or (iv) reduces the rate of return on FHI's capital to a level below that which FHI could otherwise have achieved (taking into consideration FHI's policies with respect to capital adequacy), then the Company shall pay to FHI, as additional compensation for the Loans, such amounts as will compensate FHI for such increased costs, payments or reductions. Within twenty (20) days after (A) the initial demand therefor and (b) presentation by FHI of a certificate to the Company containing a statement of the cause of such increased costs, payments or reductions and a calculation of the amounts thereof (which statement and calculation shall be presumed prima facie to be correct), the Company shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects the FHI.
Additional Amounts Payable. (a) The Borrower hereby further expressly agrees to pay to the Authority or the Trustee, as applicable, as and when the same shall become due, (i) the fees, including without limitation the Capital Reserve Fee and the Loan Origination Fee, and reasonable expenses of the Authority as provided in the Financing Documents, (ii) the reasonable fees, charges and expenses of the Authority and the Trustee in connection with or arising out of or relating to the issuance and servicing of the Notes, the making, servicing, administration or collection of the Loan or exercise of any rights or responsibilities under the Financing Documents, the Indenture or the Notes, including reasonable charges of counsel, (iii) the reasonable fees and charges of the Trustee, any Authenticating Agent, and any Paying Agent for services, including reasonable charges of counsel, rendered by it directly or indirectly in connection with the Loan or the Notes, including, without limitation, charges for services rendered as Trustee and Paying Agent on the Notes, and (iv) the initial fees and charges of S&P.
(b) The Borrower further hereby expressly agrees to pay to the Trustee, as and when the same shall become due, the amounts required by Section 5.04(e) of the Indenture.
(c) The Borrower also agrees to pay all amounts payable by it under the Financing Documents, including without limitation Section 6.5 hereof, at the time, in the manner and to the party therein provided, without delay, reduction or offset of any kind or for any reason.
(d) In the event the Borrower shall fail to make, or cause to be made, any of the payments required hereby, the unpaid item or installment shall continue as an obligation of the Borrower until such amount shall have been fully paid, and the Borrower agrees to pay, or cause to be paid, the same with interest thereon from the date of failure or, in the case of payments required by Sections 4.3(a)(ii) and (iii) hereof, the date 30 days after the date on which the Borrower is notified thereof, at the interest rate borne by the Notes until fully paid.
Additional Amounts Payable. If any change or the enactment, adoption or judicial or administrative interpretation of any law, regulation, treaty, guideline or directive (including, without limitation, Regulation D of the Board) either (a) subjects the Bank to any additional tax, duty, charge, deduction or withholding with respect to the Loan (other than a tax measured by the net or gross income of the Bank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of the Loan not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on the Bank on account of its issuing or maintaining the Loan; and if any of the foregoing (i) results in any increase to the Bank in the cost of issuing or maintaining the Loan, or making any payment on account of the Loan, (ii) reduces the amount of any payment receivable by the Bank under this Agreement with respect to the Loan, (iii) requires the Bank to make any payment calculated by reference to the gross amount of any sum received or paid by the Bank pursuant to the Loan, or (iv) reduces the rate of return on the Bank's capital to a level below that which the Bank could otherwise have achieved (taking into consideration the Bank's policies with respect to capital adequacy), then the Company shall pay to the Bank, as additional compensation for the Loan, such amounts as will compensate the Bank for such increased costs, payments or reductions. Within twenty (20) days after (A) the initial demand therefor and (B) presentation by the Bank of a certificate to the Company containing a statement of the cause of such increased costs, payments or reductions and a calculation of the amounts thereof (which statement and calculation shall be presumed prima facie to be correct, absent demonstrative or manifest error), the Company shall pay the additional amounts payable, measured from the date such change, enactment, adoption or interpretation first affects the Bank.
Additional Amounts Payable. Any Lender claiming any additional amounts payable pursuant to this Section 2.11 agrees to use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to change the jurisdiction of its applicable lending office if the making of such a change would avoid the need for, or reduce the amount of, any such additional amounts that may thereafter accrue and would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender.
Additional Amounts Payable. 12 Section 4.4
Additional Amounts Payable. In addition to Clause 8.2, You must always pay to ESA the following costs and fees:
a) the cost of repairing any:
i. Overhead Damage or Underbody Damage;
ii. water damage to the Vehicle;
iii. damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5
iv. damage to a tyre or an Accessory not attributable to normal wear and tear; and
v. damage to the Vehicle or to the property of any third party caused deliberately or recklessly by you, any other driver of the Vehicle or any passenger carried during the Hire Period;
b) the cost of replacing, if lost or stolen, an Accessory; and
c) the cost of any professional cleaning or odour extraction incurred by ESA because you or another person has been smoking in the Vehicle during the Hire Period in breach of clause 4.1(g);
a) For the purposes of this clause 8.4, ‘Recovery Costs’ means, in relation to the loss of, or damage to, the Vehicle;
i. any appraisal fees;
ii. any towing, storage and recovery costs; and
b) If clause 8.1, 8.2 or 8.3 applies, you must pay to ESA, or ESA may debit your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending ESA’s assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to your right to a refund under clause 8.5(b).
Additional Amounts Payable. (A) The Borrower hereby further expressly agrees to pay to the Authority as and when the same shall become due, (i) the fees of the Authority, as provided in the Financing Documents, (ii) the reasonable fees, charges and expenses of the Authority in connection with or arising out of or relating to the making, servicing, administration or collection of the Loan or exercise of any rights or responsibilities under the Financing Documents, including charges of counsel.
(B) The Borrower also agrees to pay all amounts payable by it under the Financing Documents at the time, in the manner and to the party therein provided, without delay, reduction or offset of any kind or for any reason.
Additional Amounts Payable. If, at any time the Executive’s employment is terminated by the Company other than for Just Cause, or is terminated by the Executive for Good Reason, in addition to any amounts otherwise payable to the Executive under the Agreement:
(a) if the Executive holds any options, rights, warrants or other entitlements (collectively, the “Securities”) issued by the Company or any affiliate thereof for the purchase or acquisition of shares in the capital of the Company or any affiliate thereof, regardless of whether the Securities may then be exercised, all such Securities will be deemed to be granted to the Executive and available for immediate exercise;
(b) the Company will not seek in any way to amend the terms of any loans from the Company to the Executive;
(c) if, at the Date of Termination, the Executive held any memberships in any clubs, social or athletic organizations paid for by the Company that were for the Executive’s regular use, the Company will not take any action to terminate such memberships but need not renew any such membership that expires or make any payment in respect of the period after the Date of Termination;
(d) the Company will pay to the Executive all outstanding and accrued regular and special vacation pay to the Date of Termination;
(e) the Company shall also pay to the Executive on such basis and at such time(s) as the Executive and the Company mutually agree upon, both acting reasonably, all legal fees and expenses reasonably incurred by the Executive as a result of such termination (including fees and expenses incurred in contesting or disputing any such termination or in seeking to obtain or enforce any right or benefit provided by this Agreement); and
(f) the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer or by retirement benefits after the Date of Termination, or otherwise.
Additional Amounts Payable. 28 3.e. Place and Application of Payments -- Calculation of Interest..................................................29 3.f. Presentment and Collection.................................29 3.g. Proceeds of the Floating Rate Notes........................29 3.h. Cancellation Fee...........................................29