Common use of Capital and Liquidity Requirements Clause in Contracts

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material, then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 4 contracts

Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)

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Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or and liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 4 contracts

Samples: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the such L/C Issuer or any Lending Office of such Lender or such Lender’s or the such L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such L/C Issuer, to a level materially below that which such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material), then from time to time the Borrower will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 3 contracts

Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender Lender, any of its applicable lending offices or the its holding company or such L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s its holding company, if anyas the case may be, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on capital for such Lender’s Lender or the its holding company or such L/C Issuer’s capital Issuer or on the capital of such Lender’s or the L/C Issuer’s its holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the any L/C Issuer, to a level materially below that which such Lender or the its holding company or such L/C Issuer or such Lender’s or its holding company, as the L/C Issuer’s holding company case may be, could have achieved but for such Change in Law (taking into consideration such Lender’s or the its holding company’s policies or such L/C Issuer’s policies and the policies of such Lenderor its holding company’s or the L/C Issuer’s holding company policies, as applicable, with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the its holding company or such L/C Issuer or such Lender’s or the L/C Issuer’s its holding company for any such reduction suffered.

Appears in 3 contracts

Samples: Abl Credit Agreement (Turning Point Brands, Inc.), Abl Credit Agreement (Mallinckrodt PLC), Abl Credit Agreement (Mallinckrodt PLC)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the any L/C Issuer or any Lending Office of such Lender or such Lender’s or the any L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith materialadequacy and liquidity), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 2 contracts

Samples: Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower Borrowers will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 2 contracts

Samples: Loan Agreement (Hemisphere Media Group, Inc.), Loan Agreement (Hemisphere Media Group, Inc.)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material, then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Dycom Industries Inc)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the such L/C Issuer or any Lending Office of such Lender or such Lender’s or the such L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the such L/C Issuer, to a level materially below that which such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith materialadequacy and liquidity), then from time to time the Borrower Borrowers, jointly and severally, will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc.)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the any L/C Issuer or any Lending Office of such Lender or such Lender’s or the any L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith materialadequacy and liquidity), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered. [Reserved].

Appears in 1 contract

Samples: Credit Agreement (Fresh Del Monte Produce Inc)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith materialadequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (SWIFT TRANSPORTATION Co)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the such L/C Issuer or any Lending Office of such Lender or such Lender’s or the such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the such L/C Issuer, to a level materially below that which such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Concentrix Corp)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the such L/C Issuer or any Lending Office of such Lender or such Lender’s or the such L/C Issuer’s holding company, if any, regarding capital or and liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Revolving Credit Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such L/C Issuer, to a level materially below that which such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (MSCI Inc.)

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Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or and liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (MSCI Inc.)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (SWIFT TRANSPORTATION Co)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Fresh Del Monte Produce Inc)

Capital and Liquidity Requirements. If any Lender or the L/C Letter of Credit Issuer determines that any Change in Law affecting such Lender or the L/C Letter of Credit Issuer or any Lending Office of such Lender or such Lender’s or the L/C Letter of Credit Issuer’s holding company, if any, regarding capital requirements or liquidity requirements liquidity, has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Letter of Credit Issuer’s capital or on the capital of such Lender’s or the L/C Letter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such LenderXxxxxx, or the Letters of Credit issued by the L/C Letter of Credit Issuer, to a level materially below that which such Lender or the L/C Letter of Credit Issuer or such Lender’s or the L/C Letter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Letter of Credit Issuer’s policies and the policies of such LenderXxxxxx’s or the L/C Letter of Credit Issuer’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time upon written request of such Lender or such Letter of Credit Issuer, as applicable, the Borrower will Parties shall promptly pay to such Lender or the L/C Letter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Letter of Credit Issuer or such Lender’s or the L/C Letter of Credit Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Revolving Credit Agreement (Carlyle Secured Lending III)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level materially below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith materialadequacy and liquidity), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Fresh Del Monte Produce Inc)

Capital and Liquidity Requirements. If any Lender or the any L/C Issuer determines that any Change in Law affecting such Lender or the such L/C Issuer or any Lending Office of such Lender or such Lender’s or the such L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the such L/C Issuer’s capital or on the capital of such Lender’s or the such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such L/C Issuer, to a level materially below that which such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such L/C Issuer’s policies and the policies of such Lender’s or the such L/C Issuer’s holding company with respect to capital adequacy) by a cost or an amount the Lender deems in good faith material), then from time to time the Borrower BorrowerBorrowers will pay to such Lender or the such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the such L/C Issuer or such Lender’s or the such L/C Issuer’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Sun Communities Inc)

Capital and Liquidity Requirements. If any Lender or the L/C Issuer Issuing Bank determines that any Change in Law affecting such Lender or the L/C Issuer Issuing Bank or any Lending Office lending office of such Lender or the Issuing Bank or such Lender’s or the L/C IssuerIssuing Bank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of materially reducing the rate of return on such Lender’s or the L/C IssuerIssuing Bank’s capital or on the capital of such Lender’s or the L/C IssuerIssuing Bank’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C IssuerIssuing Bank, to a level materially below that which such Lender or the L/C Issuer Issuing Bank or such Lender’s or the L/C IssuerIssuing Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C IssuerIssuing Bank’s policies and the policies of such Lender’s or the L/C IssuerIssuing Bank’s holding company with respect to capital adequacy) by a cost adequacy or an amount the Lender deems in good faith materialliquidity), then from time to time the Borrower will pay to such Lender or the L/C IssuerIssuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer Issuing Bank or such Lender’s or the L/C IssuerIssuing Bank’s holding company for any such reduction suffered.

Appears in 1 contract

Samples: Credit Agreement (Primeenergy Resources Corp)

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