Capital Maintenance. The Company shall at all times maintain Consolidated Shareholders Equity in an amount not less than (i) $375,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected by the Company or any of its Consolidated Subsidiaries at any time after September 30, 1998 (excluding the Net Proceeds of any Equity Issuance by a Consolidated Subsidiary to a Consolidated Subsidiary or to the Company).
Capital Maintenance. 10.1 The liability of the Confirming Parties under this Agreement shall at all times be limited so that no assumption of an obligation under this Agreement be required if this would violate mandatory Austrian capital maintenance rules (Kapitalerhaltungsvorschriften) pursuant to Austrian company law, in particular Sections 82 et seq of the Austrian Act on Limited Liability Companies (Gesetz über Gesellschaften mit beschränkter Haftung) and/or Sections 52 and 65 et seq of the Austrian Stock Corporation Act (Aktiengesetz).
10.2 Should any obligation under this Agreement violate or contradict Austrian capital maintenance rules and should therefore be held invalid or unenforceable, such obligation shall be deemed to be replaced by an obligation of a similar nature which is in compliance with Austrian capital maintenance rules and which provides the best possible security interest in favour of the Secured Parties. By way of example, should it be held that the security interest created under a Security Document as amended by this Agreement is contradicting Austrian capital maintenance rules in relation to any amount of the Secured Obligations (as defined in such Security Document), the security interest created under such Security Document as amended by this Agreement shall be reduced to the maximum amount of the Secured Obligations (as defined in such Security Document), which is permitted pursuant to Austrian capital maintenance rules.
Capital Maintenance. In the event that any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect and whether or not presently applicable to Bank, or any interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by Bank with any guideline, request or directive of any such authority (whether or not having the force of law), including any risk-based capital guidelines, affects or would affect the amount of capital required or expected to be maintained by Bank (or any corporation controlling Bank), and Bank determines that the amount of such capital is increased by or based upon the existence of any obligations of Bank hereunder or the making of any of the Loans or maintaining the Obligations and such increase has the effect of reducing the rate of return on Bank’s (or such controlling corporation’s) capital as a consequence of such obligations or the making of such Loan or maintaining of such Obligations to a level below that which Bank (or such controlling corporation) could have achieved but for such circumstances (taking into consideration its policies with respect to capital adequacy) by an amount deemed by Bank to be material, then Borrower shall pay to Bank, within fifteen (15) days of Borrower’s receipt of written notice from Bank demanding such compensation, additional amounts sufficient to compensate Bank (or such controlling corporation) for any increase in the amount of capital and reduced rate of return which Bank reasonably determines to be allocable to the existence of any obligations of Bank hereunder or to the making of such loan or maintaining the indebtedness hereunder. A certificate of Bank as to the amount of such compensation, prepared in good faith and in reasonable detail by Bank and submitted by Bank to Borrower, shall be conclusive and binding for all purposes, absent manifest error.
Capital Maintenance. Party A shall ensure that the value of the initial capital in the Provider Account does not fall below 90% of the initial account balance, considering both open and closed positions, commissions, and swaps.
Capital Maintenance. Regulatory Capital; Impact of Modifications to Generally Accepted Accounting Principles; Consolidation of Asset-
Capital Maintenance. The capital contributions for all of the capital stock of Sirius Rück have not been repaid, in part or in full, in violation of any applicable capital maintenance Laws and other similar Laws.
Capital Maintenance. The County shall be responsible for capital maintenance of the Project Property and shall be the fiscal agent for all funding issues pertaining to capital maintenance of the Project Property.
Capital Maintenance. (1) The Bank shall achieve by September 30, 2005, and thereafter maintain ratios of:
(a) Tier 1 Capital at least equal to ten percent (10%) of Adjusted Total Assets;1 and
(b) Total Risk Based Capital at least equal to fifteen percent (15%) of Risk Weighted Assets.
(2) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv). 1 Adjusted total assets is defined in 12 C.F.R. § 3.2(a) as the average total asset figure used for Call Report purposes minus end-of-quarter intangible assets.
Capital Maintenance. (1) The Bank shall maintain the following capital levels (as defined in 12 C.F.R. Part
(a) Tier 1 leverage capital at least equal to eight percent (8%) of risk-weighted assets as defined by 12 C.F.R. § 6.2(d) and (f);
(b) Tier 1 risk-based capital at least equal to ten percent (10%) of adjusted total assets as defined by 12 C.F.R. § 6.2(i) and (f); and,
(c) Total risk-based capital at least equal to twelve percent (12%)of risk weighted assets as defined by 12 C.F.R. § 6.2(k) and (f).
(2) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv).
(3) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Bank adherence to a dividend policy that permits the declaration of a dividend only:
(a) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and
(b) with the prior written determination of no supervisory objection from the Assistant Deputy Comptroller.
Capital Maintenance. If any Lender or the Issuing Bank determines that any Change in Law regarding capital requirements has or would have the effect of reducing (by an amount deemed by such Lender or Issuing Bank to be material) the rate of return on such Lender's or the Issuing Bank's capital or on the capital of such Lender's or the Issuing Bank's holding company, if any, as a consequence of this Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Bank, to a level below that which such Lender or the Issuing Bank or such Lender's or the Issuing Bank's holding company could have achieved but for such Change in Law (taking into consideration such Lender's or the Issuing Bank's policies and the policies of such Lender's or the Issuing Bank's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Bank or such Lender's or the Issuing Bank's holding company for any such reduction suffered.
