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BASEL II Sample Clauses

BASEL II. If the Lenders’ basis of calculation of the Loans under applicable Basel II regulations changes due to a change in any of the Obligors’ general financial position and/or rating, the Lenders may reassess the Margins in order to adopt the Margins to the new calculation basis and thus determine new margins (the “New Margins”), provided, however, that such adoption shall take effect not earlier than the Margin Day. The Agent shall notify the Borrowers about the New Margins in writing. The New Margins shall apply from the day the next Interest Period commences however not earlier than one (1) Month after the Borrowers having received the Agent’s notice to this effect. Upon receipt of the Agent’s notice of New Margins representing an increase towards the then current Margins the Borrowers may prepay the Loans on the last Interest Payment Date immediately preceding the date on which the New Margin shall commence, provided that the Agent has received not less than fourteen (14) Business Days prior to such last Interest Payment Date the Borrowers’ written notice to this effect. The Borrowers may make such prepayment without paying the Lenders any penalty but, as provided in Clause 9.6, the Borrowers shall reimburse the Lenders on demand for any breakage cost, proven out-of-pocket expenses and legal fees the Lenders incur due to such prepayment.
BASEL II. When prudential regulation behavior is analyzed it can be noted that this fundamentally applies to commercial banks, in other words to those institutions that operate the payment system. The Basle Agreement (Basle 1) was a response to a belief that the principal threat to the stability of the banking system came from credit risks accepted especially, but not exclusively, by US banks. The focus of Basle 1 was precisely credit risks and its main form of action was imposing the creation of a minimum level of owned capital proportional to the exposure of the bank to credit risks. Basle 1 functioned in an adequate manner if we consider that its aim was to equalize the competitive conditions of internationally active banks in relation to the costs of obedience to the regulations. Any other lens through which Basle 1 is analyzed shows an agreement that is quite unsatisfactory in its terms. Both as the codifier of prudential practices and as the inducer of advances in the risk administration methods used by banks, Basle 1 did not reach a minimum level of efficiency. As a piece of prudential regulation, the agreement is flawed, since the risk categories - 0%, 25%, 50% and 100% - are excessively broad. As an inducer of improvements in the methods of risk administration the agreement is, in the best of hypotheses, innocuous. This is because there is no stimulus for banks to invest resources in their own models of risk contention, since this will not result in any alteration in relation to the capital that the institution should accumulate, because the risk classification is given externally to the bank. Basel II, in contrast, was designed with another philosophy, which was to encourage the regulated institutions to adopt more advanced methods of risk administration. For this reason it was decided that the new regulation system should operate through the creation of incentives for the adoption of more advanced methods of risk management, similar to those of the market. Therefore, for the three risks which Basel II is concerned with – credit, market and operational – alternative adjustment possibilities are defined depending on the investment each bank makes in its own measurement and risk control models. The expectation is that more sophisticated methods of measurement and risk control will lead to the creation of ever smaller coefficients of capital, allowing the most advanced institutions to save capital. The main purpose of Basel II is not, however, the adoption of...

Related to BASEL II

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  • Markets We shall not be liable for any act taken by or on the instruction of an exchange, clearing house or regulatory body.

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  • Program Monitoring and Evaluation The Recipient shall prepare, or cause to be prepared, and furnish to the Association not later than six months after the Closing Date, a report of such scope and in such detail as the Association shall reasonably request, on the execution of the Program, the performance by the Recipient and the Association of their respective obligations under the Legal Agreements and the accomplishment of the purposes of the Financing.”