Common use of Capital or Liquidity Requirements Clause in Contracts

Capital or Liquidity Requirements. If any Lender or L/C Issuer determines that any Change in Law affecting such Lender or L/C Issuer or any Lending Office of such Lender or such Lender’s or L/C Issuer’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 or L/C Issuer’s capital or on the capital of such Lender’s or L/C Issuer’s holding company, if any, as a consequence of this 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 L/C Issuer, to a level below that which such Lender or L/C Issuer or such Lender’s or L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or L/C Issuer’s policies and the policies of such Xxxxxx’s or L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time Borrower will pay to such Lender or L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or L/C Issuer or such Lender’s or L/C Issuer’s holding company for any such reduction suffered.

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

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

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

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

Capital or 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, requirements has or would have the effect of reducing the rate of return on such Lender’s or the L/C Issuer’s capital or liquidity, or on the capital or liquidity of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by by, such Lender Lender, or the Letters of Credit issued by the L/C Issuer, to a level 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 XxxxxxLender’s or the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), 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.

Capital or 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, requirements has or would have the effect of reducing the rate of return on such Lender’s or the L/C Issuer’s capital or liquidity or on the capital or liquidity of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by by, such Lender Lender, or the Letters of Credit issued by the L/C Issuer, to a level 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 XxxxxxLender’s or the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), 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.

Capital or Liquidity Requirements. If any Lender or the L/C Issuer reasonably determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements, requirements has or would have the effect of 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 Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by by, such Lender Lender, or the Letters of Credit issued by the L/C Issuer, to a level 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 XxxxxxLender’s or the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company will pay (or cause the applicable Designated Borrower to pay) 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.

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

Capital or Liquidity Requirements. If any Lender or L/C Issuer determines that any Change in Law affecting such Lender or L/C Issuer or any Lending Office of such Lender or such Lender’s or L/C Issuer’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 or L/C Issuer’s capital or on the capital of such Lender’s or L/C Issuer’s holding company, if any, as a consequence of this 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 L/C Issuer, to a level below that which such Lender or L/C Issuer or such LenderXxxxxx’s or L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or L/C Issuer’s policies and the policies of such XxxxxxLender’s or L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time Borrower will pay to such Lender or L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or L/C Issuer or such Lender’s or L/C Issuer’s holding company for any such reduction suffered.

Capital or Liquidity Requirements. If any Lender or L/C Issuer in good faith determines that any Change in Law affecting such Lender or L/C Issuer or any Lending Office of such Lender or such Lender’s or L/C Issuer’s holding company, if any, regarding capital or liquidity requirements, requirements has or would have the effect of reducing the rate of return on such Lender’s or L/C Issuer’s capital or on the capital of such Lender’s or L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by by, such Lender Lender, or the Letters of Credit issued by L/C Issuer, to a level below that which such Lender or L/C Issuer or such Lender’s or L/C Issuer’s holding company could would have achieved but for such Change in Law (taking into consideration such Lender’s or L/C Issuer’s policies and the policies of such XxxxxxLender’s or L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then upon written notice from time such Lender or L/C Issuer (such notice to time Borrower set out the basis for such reduction suffered and a summary calculation of such reduction suffered) to Borrower, Borrower, within fifteen (15) days of receipt of such notice, will pay to such Lender or L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or L/C Issuer or such Lender’s or L/C Issuer’s holding company for any such reduction suffered.

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

Capital or Liquidity Requirements. If any Lender or any L/C Issuer in good faith determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements, requirements has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by by, such Lender Lender, or the Letters of Credit issued by such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could would have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such XxxxxxLender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then upon written notice from time such Lender or such L/C Issuer (such notice to time Borrower set out the basis for such reduction suffered and a summary calculation of such reduction suffered) to Borrower, Borrower, within fifteen (15) days of receipt of such notice, will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.

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

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

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

Capital or 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, requirements has or would have the effect of 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 Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by by, such Lender Lender, or the Letters of Credit issued by the L/C Issuer, to a level 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 XxxxxxLender’s or the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), 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.

Capital or Liquidity Requirements. If any Lender or L/C Issuer the Issuing Bank determines that any Change in Law affecting such Lender or L/C Issuer or any Lending Office of such Lender or such Lender’s or L/C Issuer’s holding company, if any, regarding capital or liquidity requirements, requirements has or would have the effect of reducing the rate of return on such Lender’s or L/C Issuerthe Issuing Bank’s capital or on the capital of such Lender’s or L/C Issuerthe Issuing Bank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender 701007202 11262547 52 Revolving Credit Agreement Agreement or the Loans made by, or participations in Swingline Loans and Letters of Credit held by by, such Lender Lender, or the Letters of Credit issued by L/C Issuerthe Issuing Bank, to a level below that which such Lender or L/C Issuer the Issuing Bank or such Lender’s or L/C Issuerthe Issuing Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or L/C Issuerthe Issuing Bank’s policies and the policies of such XxxxxxLender’s or L/C Issuerthe Issuing Bank’s holding company with respect to capital adequacy and liquidityadequacy), by an amount deemed to be material by such Lender or Issuing Bank, then from time to time the Borrower will pay to such Lender or L/C Issuerthe Issuing Bank, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or L/C Issuer the Issuing Bank or such Lender’s or L/C Issuerthe Issuing Bank’s holding company for any such reduction suffered.

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