Common use of Capital Adequacy and Liquidity Adjustment Clause in Contracts

Capital Adequacy and Liquidity Adjustment. If any Lender determines that any Change in Law affecting such Lender, any of its lending offices or its holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of its holding company, if any, as a consequence of this Agreement, the Term Loan Commitment of such Lender or the Term Loans made by such Lender to a level below that which such Lender or its holding company, if any, could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of its holding company, if any, with respect to capital adequacy or liquidity), then, from time to time upon request of such Lender, the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or its holding company, if any, for any such reduction suffered.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement, Credit and Guaranty Agreement (Alon USA Energy, Inc.), Credit and Guaranty Agreement (Alon USA Energy, Inc.)

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