Capital Requirement. Party A shall fail to maintain capital in the amount consistent with its financial program as represented to the Relevant Rating Agencies. For the purposes of the foregoing Additional Termination Event, Party A shall be the Affected Party.
Capital Requirement. You confirm that your commitment hereunder will not result in any violation of Section 8(b) or 15(c) of the Securities Exchange Act of 1934 or the rules and regulations thereunder, including Rule 15c3-1, or any provision of any applicable rules of any securities exchange to which you are subject or of any restriction imposed upon you by such exchange.
Capital Requirement. If either (a) the introduction of, or any change in, or in the interpretation of, any Applicable Law or (b) compliance with any guideline or request from any central bank or comparable agency or other Governmental Authority (whether or not having the force of law), has or would have the effect of reducing the rate of return on the capital of, or has affected or would affect the amount of capital required to be maintained by, any Lender or any corporation controlling any Lender as a consequence of, or with reference to the Revolving Commitment of any Lender and other commitments of this type, below the rate which such Lender or such other corporation could have achieved but for such introduction, change or compliance, then within five (5) Business Days after written demand by such Lender, the Borrower shall pay to such Lender from time to time as specified by such Lender additional amounts sufficient to compensate such Lender or other corporation for such reduction. A certificate as to such amounts submitted to the Borrower by such Lender shall be conclusively presumed to be correct, absent manifest error.
Capital Requirement. (a) General Motors shall take such actions as may be required so that at the Closing (or the Second Closing if the Fincos Shares are transferred at the Second Closing) (i) the Leverage Ratio of the Fincos is not less than 12% on a consolidated basis (the “Target Ratio”) and (ii) each Xxxxx has the minimum level of equity required by applicable Law.
(b) The Leverage Ratio of the Fincos at the applicable Closing will be calculated on the basis of the Closing Accounts and the Fincos Value shall be adjusted as set forth below in this Section 6.12(b). Any disputes with respect to the determination of the Leverage Ratio shall be resolved, and payments with respect to any such adjustments shall be made, as part of the process specified in Section 3.1.
(i) If the consolidated Leverage Ratio at the applicable Closing as finally determined is less than the Target Ratio, the Fincos Value shall be decreased, on a Euro for Euro basis, by an amount equal to the difference between (A) the aggregate amount of equity required to achieve the Target Ratio as of the relevant Closing and (B) the aggregate amount of equity reflected in the Closing Accounts of the Fincos. Taking into account legal and tax constraints, the Parties will discuss in good faith how such price reduction shall be allocated among the Fincos.
(ii) If the consolidated Leverage Ratio of the Fincos at the applicable Closing as finally determined is higher than the Target Ratio, the Fincos Value shall be increased by an amount equal to (A) the amount of equity corresponding to the Leverage Ratio exceeding the Target Ratio up to and including 12.5% (or, to the extent the Leverage Ratio exceeds 12.5% as a result of the exclusion of any net liability accounts related to Xxxxx pensions from the calculation of Fincos Book Value, such higher percentage) plus (b) an amount (if any) equal to 0.8 times the amount of equity corresponding to the Leverage Ratio exceeding 12.5% (or such higher percentage). Taking into account legal and tax constraints, the Parties will discuss in good faith how such price increase shall be allocated among the Fincos.
(c) In addition to the foregoing, if whole or part of the Fincos Shares are not transferred at the First Closing and General Motors is required to contribute additional capital to, or retain earnings in, any of the Fincos that have not been transferred on the First Closing, in order to reach or maintain the Target Ratio, such additional equity (whether from contribution or r...
Capital Requirement. 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 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 Commitments of such Lender or the Loans made by such Lender, to a level below that which such Lender or its holding company could have achieved but for such Change in Law (taking into consideration such Xxxxxx’s policies and the policies of its holding company with respect to capital adequacy) then, from time to time, the Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or its holding company, as the case may be, for any such reduction suffered.
Capital Requirement. At all times the Bank shall maintain a “Well-Capitalized” status per the minimum regulatory requirements to be considered well-capitalized.
Capital Requirement. 29 SECTION 3.8 Taxes.......................................................................................29 SECTION 3.9
Capital Requirement. General Partner. The General Partner will be required to make a capital contribution to the Partnership of not less than $10.00 (called "General Partner's Capital Contribution"). The General Partner's Capital Contribution and capital account will be maintained separately from another capital account which he, she or it may have as a Limited Partner. At all times during the term of this Partnership, the General Partner shall make capital contributions to the Partnership in an amount sufficient to ensure that the General Partner's contribution to Capital will equal one percent (1%) or more of the total capital contributions of all Partners. b.
Capital Requirement. Each conditionally approved company shall raise not less than $3,000,000 of private capital or binding capital commitments from 1 or more investors (which shall not be depart- ments or agencies of the Federal Government) who meet criteria established by the Adminis- trator.
Capital Requirement. The Counterparty shall fail to maintain capital in the amount required by its financial program as represented to the Relevant Rating Agencies.
