Common use of Additional Amounts Payable Clause in Contracts

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. 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 the Bank 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 FHIthe Bank), 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 the Bank on account of its issuing or maintaining any of the Loans; and if any of the foregoing (i) results in any increase to FHI the Bank 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 the Bank under this Agreement with respect to any of the Loans, (iii) requires FHI the Bank to make any payment calculated by reference to the gross amount of any sum received or paid by FHI the Bank pursuant to any of the Loans, or (iv) reduces the rate of return on FHIthe Bank's capital to a level below that which FHI the Bank could otherwise have achieved (taking into consideration FHIthe Bank's policies with respect to capital adequacy), then the Company shall pay to FHIthe Bank, as additional compensation for the Loans, such amounts as will compensate FHI the Bank for such increased costs, payments or reductions. Within twenty (20) days after (A) the initial demand therefor and (b) presentation by FHI 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), the Company shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects the FHIBank.

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 subjects Bank to any additional tax, duty, charge, deduction or withholding with respect to any of the Loans Lines of Credit (other than a tax measure measured by the net or gross income of FHIBank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of any of the Loans Lines of Credit not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on FHI Bank on account of its issuing or maintaining any of the LoansLines of Credit; and if any of the foregoing (i) results in any an increase to FHI Bank in the cost of issuing or maintaining any the Lines of the LoansCredit, or making any payment on account of any the Lines of the LoansCredit, (ii) reduces the amount of any payment receivable by FHI Bank under this Agreement with respect to any of the LoansLines of Credit, (iii) requires FHI Bank to make any payment calculated by reference to the gross amount of any sum received or paid by FHI Bank pursuant to any of the LoansLines of Credit, or (iv) reduces the rate of return on FHI's Bank’s capital to a level below that which FHI Bank could otherwise have achieved (taking into consideration FHI's Bank’s policies with respect to capital adequacy), then the Company Borrower shall pay to FHIBank, as additional compensation for the LoansLines of Credit, such amounts as will compensate FHI Bank for such increased costscost, payments payment or reductionsreduction. Within twenty (20) days after (A) the initial demand therefor and (bB) presentation by FHI Bank of a certificate to the Company Borrower containing a statement of the cause of such increased costscost, payments payment or reductions reduction and a calculation of the amounts amount thereof (which statement and calculation shall be presumed prima facie to be correctcorrect absent manifest error), the Company Borrower shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects the FHIBank.

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 subjects Bank to any additional tax, duty, charge, deduction or withholding with respect to any of the Loans Line of Credit (other than a tax measure measured by the net or gross income of FHIBank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of any of the Loans Line of Credit not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on FHI Bank on account of its issuing or maintaining any of the LoansLine of Credit; and if any of the foregoing (i) results in any an increase to FHI Bank in the cost of issuing or maintaining any the Line of the LoansCredit, or making any payment on account of any the Line of the LoansCredit, (ii) reduces the amount of any payment receivable by FHI Bank under this Agreement with respect to any of the LoansLine of Credit, (iii) requires FHI Bank to make any payment calculated by reference to the gross amount of any sum received or paid by FHI Bank pursuant to any of the LoansLine of Credit, or (iv) reduces the rate of return on FHI's Bank’s capital to a level below that which FHI Bank could otherwise have achieved (taking into consideration FHI's Bank’s policies with respect to capital adequacy), then the Company Borrower shall pay to FHIBank, as additional compensation for the LoansLine of Credit, such amounts as will compensate FHI Bank for such increased costscost, payments payment or reductionsreduction. Within twenty (20) days after (A) the initial demand therefor and (bB) presentation by FHI Bank of a certificate to the Company Borrower containing a statement of the cause of such increased costscost, payments payment or reductions reduction and a calculation of the amounts amount thereof (which statement and calculation shall be presumed prima facie to be correctcorrect absent manifest error), the Company Borrower shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects the FHIBank.