Common use of Capital Adequacy; Increased Costs, etc Clause in Contracts

Capital Adequacy; Increased Costs, etc. The Borrower further agrees to reimburse each Lender for any increase in the cost to such Lender of making, continuing or maintaining (or of its obligation to make, continue or maintain) any portion of the principal amount of any of its Loans as, or of converting (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit and for any reduction in the amount of any sum receivable by such Lender hereunder in respect of making, continuing or maintaining any portion of the principal amount of any of its Loans as, or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, from time to time by reason of: (a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lender, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) or requirement in effect on the date hereof or as the result of any Regulatory Change; or (b) any Regulatory Change which shall subject such Lender to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.

Capital Adequacy; Increased Costs, etc. The Borrower further --------------------------------------- agrees to reimburse each Lender the Bank for any increase in the cost to such Lender the Bank of making, continuing continuing, maintaining or maintaining converting (or of its obligation to make, continue continue, maintain or maintainconvert) any portion of the principal amount of any of its Loans as, or of converting hereunder (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit thereof) and for any reduction in the amount of any sum receivable by such Lender the Bank hereunder in respect of making, continuing continuing, maintaining or maintaining any portion converting (or of the principal amount of its obligation to make, continue, maintain or convert) any of its Loans as, hereunder (or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, thereof) from time to time by reason of: (a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit deposit, or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lenderthe Bank, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) regulation), or requirement in effect on the date hereof hereof, or as the result of any Regulatory Change; or (b) any Regulatory Change which shall subject such Lender the Bank to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction deduction, or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed LIBO Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender the Bank shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender the Bank for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender the Bank to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.. In the event that the Borrower is required to pay an additional amount pursuant to this Section 4.4 to the Bank, then the Borrower shall have the right to ----------- seek a substitute bank or banks to replace the Bank under this Agreement in accordance with the provisions of Section 10.11(b). ----------------

Capital Adequacy; Increased Costs, etc. The Borrower --------------------------------------- further agrees to reimburse each Lender the Bank for any increase in the cost to such Lender the Bank of making, continuing continuing, maintaining or maintaining converting (or of its obligation to make, continue continue, maintain or maintainconvert) any portion of the principal amount of any of its Loans as, or of converting hereunder (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit thereof) and for any reduction in the amount of any sum receivable by such Lender the Bank hereunder in respect of making, continuing continuing, maintaining or maintaining any portion converting (or of the principal amount of its obligation to make, continue, maintain or convert) any of its Loans as, hereunder (or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, thereof) from time to time by reason of: (a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit deposit, or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lenderthe Bank, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) regulation), or requirement in effect on the date hereof hereof, or as the result of any Regulatory Change; or (b) any Regulatory Change which shall subject such Lender the Bank to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction deduction, or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender the Bank shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender the Bank for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender the Bank to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.. In the event that the Borrower is required to pay an additional amount pursuant to this Section 4.4 to the Bank, then the Borrower shall have ----------- the right to seek a substitute bank or banks to replace the Bank under this Agreement in accordance with the provisions of Section 10.11(b). ----------------

Capital Adequacy; Increased Costs, etc. The Borrower further agrees to reimburse each Lender for any increase in the cost to such Lender of making, continuing or maintaining (or of its obligation to make, continue or maintain) any portion of the principal amount of any of its Loans as, or of converting (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit and for any reduction in the amount of any sum receivable by such Lender hereunder in respect of making, continuing or maintaining any portion of the principal amount of any of its Loans as, or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, from time to time by reason of: (a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lender, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) or requirement in effect on the date hereof or as the result of any Regulatory Change; or (b) any Regulatory Change which shall subject such Lender to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.

Capital Adequacy; Increased Costs, etc. The Borrower further agrees to reimburse each Lender for any increase in the cost to such Lender of making, continuing or maintaining (or of its obligation to make, continue or maintain) any portion of the principal amount of any of its Loans as, or of converting (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit and for any reduction in the amount of any sum receivable by such Lender hereunder in respect of making, continuing or maintaining any portion of the principal amount of any of its Loans as, or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, from time to time by reason of: (a) : to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lender, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) or requirement in effect on the date hereof or as the result of any Regulatory Change; or (b) or any Regulatory Change which shall subject such Lender to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.

Capital Adequacy; Increased Costs, etc. The Borrower -------------------------------------- further agrees to reimburse each Lender the Bank for any increase in the cost to such Lender the Bank of making, continuing continuing, maintaining or maintaining converting (or of its obligation to make, continue continue, maintain or maintainconvert) any portion of the principal amount of any of its Loans as, or of converting hereunder (or of its obligation to convert) any portion of the principal amount of any of its Loans into, Fixed Rate Loans or issuing or maintaining or participating in any Letter of Credit thereof) and for any reduction in the amount of any sum receivable by such Lender the Bank hereunder in respect of making, continuing continuing, maintaining or maintaining any portion converting (or of the principal amount of its obligation to make, continue, maintain or convert) any of its Loans as, hereunder (or converting any portion of the principal amount of any Loans into, Fixed Rate Loans, or issuing or maintaining or participating in any Letter of Credit, in either case, thereof) from time to time by reason of: (a) to the extent not included in the calculation of the LIBO Rate (Reserve Adjusted), the adoption or compliance with any capital adequacy, reserve, special deposit deposit, or similar requirement against assets of, deposits with or for the account of, or credit extended by, such Lenderthe Bank, under or pursuant to any law, treaty, rule, regulation (including any F.R.S. Board Regulation) regulation), or requirement in effect on the date hereof hereof, or as the result of any Regulatory Change; or (b) any Regulatory Change which shall subject such Lender the Bank to any tax (other than taxes on net income or receipts), levy, impost, charge, fee, duty, deduction deduction, or withholding of any kind whatsoever or change the taxation of any Loan made or maintained as a Fixed LIBO Rate Loan or any Letter of Credit or participation therein and the interest thereon (other than any change which affects, and to the extent that it affects, the taxation of net income or receipts). In any such event, such Lender the Bank shall promptly notify the Administrative Agent and the Borrower thereof stating the reasons therefor and the additional amount required fully to compensate such Lender the Bank for such increased cost or reduced amount. Such additional amounts shall be payable on demand after receipt of such notice. A statement as to any such increased cost or reduced amount or any change therein (including calculations thereof in reasonable detail) shall be submitted by such Lender the Bank to the Administrative Agent and the Borrower and shall, in the absence of demonstrable error, be conclusive and binding on the Borrower.. In the event that the Borrower is required to pay an additional amount pursuant to this Section 4.4 to the Bank, then the Borrower shall have ----------- the right to seek a substitute bank or banks to replace the Bank under this Agreement in accordance with the provisions of Section 10.11(b). ----------------