Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Commitment of such Lender or the Revolving Credit Loans made by such Lender, to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to capital adequacy or liquidity position), then from time to time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.
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Samples: Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp)
Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Individual Commitment of such Lender or the Revolving Credit Loans made by, or the Letters issued or participated in by such Lender, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity positionrequirements), then from time to time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Allied Nevada Gold Corp.), Credit Agreement (Allied Nevada Gold Corp.)
Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Commitment commitments of such Lender hereunder or the Revolving Credit Loans made by such Lender, Lender to a level below that which such Lender or such LenderXxxxxx’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderXxxxxx’s holding company with respect to capital adequacy or liquidity positionadequacy), then from time to time the Borrower will pay to such Lender Lender, as the case may be, such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Individual Commitment of such Lender or the Revolving Credit Loans made by or participated in by such Lender, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity positionrequirements), then from time to time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Sandstorm Gold LTD), Credit Agreement (Sandstorm Gold LTD)
Capital and Liquidity Requirements. If any the Lender determines in its sole and absolute discretion, that any Change in Law affecting such the Lender or any Lending Office lending office of such the Lender or such the Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such the Lender’s capital or on the capital of such the Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Commitment Commitments of such the Lender or the Revolving Credit Loans Advances made by such the Lender, to a level below that which such the Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such the Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity positionrequirements), then from time to time the Borrower will pay to such the Lender such additional amount or amounts as will compensate such the Lender or such Lender’s its holding company for any such reduction suffered.
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Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Commitment Commitments of such Lender or the Revolving Credit Loans made by, or the Letters of Credit issued or participated in by such Lender, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity positionrequirements), then from time to time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered.
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Samples: Credit Agreement (Nordion Inc.)