Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances 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 and the policies of such Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Company 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.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (International Flavors & Fragrances Inc), Term Loan Credit Agreement (Nutrition & Biosciences, Inc.), Credit Agreement (International Flavors & Fragrances Inc)
Capital Requirements. If any Lender reasonably 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, 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, any Note, the Commitments of such Lender or the Advances advances 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 and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender Lender, such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (Skechers Usa Inc)
Capital Requirements. If any Lender reasonably 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, requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital or liquidity of such Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time upon demand of such Lender setting forth in reasonable detail the Company charge and calculation of such reduced rate of return the Loan Parties 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 6 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
Capital Requirements. If any the Lender reasonably determines that any Change in Law affecting such the Lender or any lending office of such Lender the Lender’s Office or such the Lender’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 the Lender’s capital or on the capital of such the Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Term Commitment of such the Lender or the Advances Term Loans made by such the Lender, to a level below that which such the Lender or such the Lender’s holding company could have achieved but for such Change in Law (taking into consideration such the Lender’s policies and the policies of such the Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such the Lender such additional amount or amounts as will compensate such the Lender or such the Lender’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Term Loan Agreement (Allete Inc), Credit Agreement, Credit Agreement (Spark Therapeutics, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances 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 and liquidity), then from time to time the Company 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.
Appears in 5 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Term Commitment of such Lender or the Advances Term Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 4 contracts
Samples: Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 4 contracts
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Capital Requirements. If any Lender reasonably determines in good faith 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 Commitments of such Lender or the Advances Loans made by such Lender, Lender to a level below that which such Lender or such Lender’s holding company could would 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 4 contracts
Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Capital Requirements. If any the Lender reasonably determines that any Change in Law affecting such the Lender or any lending office of such Lender its Lending Office or such the Lender’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 the Lender’s capital or on the capital of such the Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such the Lender or the Advances Loans made by, or the Letters of Credit issued by such the Lender, to a level below that which such the Lender or such the Lender’s holding company could have achieved but for such Change in Law (taking into consideration such the Lender’s policies and the policies of such the Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such the Lender such additional amount or amounts as will compensate such the Lender or such the Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (TRX Inc/Ga), Credit Agreement (TRX Inc/Ga), Credit Agreement (TRX Inc/Ga)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company will pay (or cause the applicable Designated Borrower to 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.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Amazon Com Inc), Credit Agreement (Amazon Com Inc)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 4 contracts
Samples: Term Loan Agreement (Jacobs Engineering Group Inc /De/), Credit Agreement (B. Riley Financial, Inc.), Term Loan Agreement (Alexander & Baldwin, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Advances 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 4 contracts
Samples: Credit Agreement (Highwoods Realty LTD Partnership), Senior Secured Super Priority Debtor in Possession Credit Agreement, Senior Secured Super Priority Debtor in Possession Credit Agreement (Aralez Pharmaceuticals Inc.)
Capital Requirements. If any Lender reasonably determines (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or any lending office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances portion of the Loan made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Northstar Realty Finance Corp.), Credit Agreement (Northstar Realty Finance Corp.), Facility Agreement (Northstar Realty Finance Corp.)
Capital Requirements. If any Lender reasonably 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, 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 Revolving Credit Commitment of such Lender Lender, the Loans made by Lender, or the Advances made Letters of Credit issued by such the 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 3 contracts
Samples: Credit Facility Agreement (Transcat Inc), Credit Facility Agreement (Transcat Inc), Credit Facility Agreement (Transcat Inc)
Capital Requirements. If any Lender reasonably 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, 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 Term Commitments of such Lender or the Advances Term Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 3 contracts
Samples: Credit Agreement (Royalty Pharma PLC), Credit Agreement (Royalty Pharma PLC), Credit Agreement (Echo Pharma Acquisition LTD)
Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 3 contracts
Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender Lender, or any lending office of such Lender Lender, or such Lender’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 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 Advances made by such Lender, Lender to a level below that which such Lender Lender, or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s ’s, policies and the policies of such Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company 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 sufferedsuffered in accordance with subsection (c) below.
Appears in 3 contracts
Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Capital Requirements. If any Lender reasonably 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, 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 Revolving Line Portions of such Lender or the Advances Loans made by such Lender, to a level below that which such Lender or such Lender’s holding company could would 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 and or liquidity), then from time to time upon the Company request of such Lender which shall include a reasonably detailed explanation and calculation, 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.
Appears in 3 contracts
Samples: Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender Lender, or such Lender’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 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 Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 3 contracts
Samples: Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s or holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Senior Secured Second Lien Credit Agreement (Dynatrace Holdings LLC), Term Loan Agreement (EnLink Midstream Partners, LP), Term Loan Agreement (EnLink Midstream, LLC)
Capital Requirements. If any Lender reasonably 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, 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, any Note, the Commitments of such Lender or the Advances advances 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 and liquidityadequacy), then from time to time the Company Borrowers will pay to such Lender Lender, such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Capital Requirements. If any the Lender reasonably determines 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, requirements has or would have the effect of reducing the rate of return on such the Lender’s capital or liquidity or on the capital or liquidity of such the Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such the Lender or the Advances Loans made by such the Lender, to a level below that at which such the Lender or such the Lender’s holding company could have achieved but for such Change in Law (taking into consideration such the Lender’s policies and the policies of such the Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Loan Parties will pay to such the Lender such additional amount or amounts as will compensate such the Lender or such the Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (B. Riley Financial, Inc.), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable 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 Commitments of such Lender or the Advances 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Credit Agreement (Ohio Power Co), Term Credit Agreement (AEP Transmission Company, LLC)
Capital Requirements. If any Lender reasonably 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, 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 Term Loan Commitment of such Lender or the Advances Term Loan made by such Lender, Lender to a level below that which such Lender or such LenderLxxxxx’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderLxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Senior Secured Bridge Credit Agreement (Clearway Energy LLC), Senior Secured Bridge Credit Agreement (Clearway Energy, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co)
Capital Requirements. If any Lender reasonably determines that any Change in Law regarding capital or liquidity requirements and 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 Commitments of such Lender Lender, or the Advances 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Southcross Energy Partners, L.P.)
Capital Requirements. If any Lender reasonably determines (in good faith, but in its sole absolute discretion) 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, 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 Agreement or the Advances 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 and or liquidity), then from time to time upon written request of such Lender (with a copy to the Company Administrative Agent) Borrower will pay to such Lender Lender, 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: Term Loan Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Capital Requirements. If any Lender reasonably 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 Term Loan Commitments of such Lender or the Advances Term 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 and liquidityadequacy), then from time to time the Company Companies will pay to such Lender Lender, 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 and Guaranty Agreement (Newtek Business Services Corp.), Credit and Guaranty Agreement (Newtek Business Services Corp.)
Capital Requirements. If any Lender reasonably 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, 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 Advances Committed Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by by, such Lender, 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 2 contracts
Samples: Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)
Capital Requirements. If any Lender reasonably 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, 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 Advances Term Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Citrix Systems Inc), Term Loan Credit Agreement (Citrix Systems Inc)
Capital Requirements. If any Lender reasonably 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, 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 Term Commitments of such Lender or the Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Term Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Credit Agreement (Retrophin, Inc.), Credit Agreement (Retrophin, Inc.)
Capital Requirements. If any Lender reasonably 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 requirements or liquidity requirements, 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 Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 2 contracts
Samples: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances Loans made by such Lender, Lender to a level below that which such Lender or such LenderLxxxxx’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderLxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Term Loan Agreement (Agree Realty Corp), Term Loan Agreement (Agree Realty Corp)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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, Credit Agreement (Solarcity Corp)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Term Loans made by such Lender, to a level below that which such Lender or such Lender’s 's or holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityor liquidity requirements), then from time to time time, upon request of such Lender, the Company Parent Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Vista Outdoor Inc.), Term Loan Credit Agreement (Vista Outdoor Inc.)
Capital Requirements. If any Lender reasonably 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 Commitments of such Lender Agreement or the Advances made by such Lender, ’s Term Loan Commitment or Term Loans 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 and liquidityadequacy), then from time to time the Company will Borrower shall 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.
Appears in 2 contracts
Samples: Multidraw Term Loan Agreement (Petroquest Energy Inc), Term Loan Agreement (Petroquest Energy Inc)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Loan Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Installation 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 Commitments of such Lender or the Advances Revolving Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Credit Agreement (Landsea Homes Corp), Credit Agreement (Landsea Homes Corp)
Capital Requirements. If any Lender reasonably determines in its reasonable judgment 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, 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 Term Commitment of such Lender or the Advances Term 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 and the policies of such Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender Lender, such reasonable 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: Second Lien Senior Secured Credit Agreement (Terremark Worldwide Inc), First Lien Senior Secured Credit Agreement (Terremark Worldwide Inc)
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company each applicable 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.
Appears in 2 contracts
Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co)
Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances 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 and the policies of such Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Company Borrowers 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.
Appears in 2 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable Lending Office of such Lender or such Lender’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 capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Advances Advance 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 and or liquidity), then from time to time upon written request of such Lender the Company will Borrower shall promptly pay to such Lender Lender, 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 (Ugi Corp /Pa/), Credit Agreement (Ugi Utilities Inc)
Capital Requirements. If any Lender reasonably 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 Loan Agreement, the Commitments Commitment of such Lender or the Advances Loans made by such Lender, 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 and liquidity), then from time to time upon written request of such Lender, the Company will Borrower shall promptly 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: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Capital Requirements. If any Lender reasonably 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, 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 Advances 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 and liquidityadequacy), then from time to time the Company 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 (Celanese Corp), Term Loan Credit Agreement (Celanese Corp)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable 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 Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Entergy Arkansas Inc), Term Credit Agreement (Southwestern Electric Power Co)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable 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 Credit Agreement, the Commitments of such Lender or the Advances 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 and liquidity), then from time to time the Company 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.
Appears in 2 contracts
Samples: Credit Agreement (Synchronoss Technologies Inc), Credit Agreement
Capital Requirements. If any Lender reasonably 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, 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 Initial Commitment of such Lender or the Advances Loans made by such Lender, Lender to a level below that which such Lender or such Lender’s holding company company, if any, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Bridge Credit Agreement (Frontier Communications Corp)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office of such Lender 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 ’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 Lender, or the Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Term Loan Credit Agreement (American Water Works Company, Inc.)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable 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 Commitments of such Lender or the Advances made by such Lender, 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 LenderXxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Term Loan Agreement (Aes Corp)
Capital Requirements. If any Lender reasonably 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, 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 Term Commitments of such Lender or the Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.. CHL:82267.17
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Commitment of such Lender or the Advances Loan 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s 's holding company, if any, regarding capital requirements or liquidity requirements, requirements has or would have the effect of reducing the rate of return on such Lender’s 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Samples: Credit Agreement (Leslie's, Inc.)
Capital Requirements. If any Lender reasonably determines in good faith 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, 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 Term Loan Commitment of such Lender or the Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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 requirements or liquidity requirements, 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 Commitments of such Lender or the Advances Loans made by such Lender, to a level below that which such Lender or such LenderLxxxxx’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderLxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 1 contract
Samples: Credit Agreement (Leslie's, Inc.)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Accommodations made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Applicable 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 Commitments of such Lender or the Advances made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Public Service Co of New Hampshire)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time upon written request, the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Term Loan Commitments of such Lender or the Advances Loans made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s or holding company for any such reduction suffered.
Appears in 1 contract
Samples: Senior Secured Second Lien Credit Agreement (Project Angel Parent, LLC)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments Term Commitment of such Lender or the Advances Term Loan made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidity), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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 Commitments Credit Extensions of such Lender or the Advances 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 and liquidityadequacy), then from time to time the Company time, upon request of such Lender together with a certificate for reimbursement in accordance with Section 2.6(c), 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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Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Highland Floating Rate Opportunities Fund)
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Public Service Co of New Hampshire)
Capital Requirements. If any Lender reasonably determines in good faith 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, 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 Advances 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Capital Requirements. If any Lender reasonably 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, 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, #89114709v24 as a consequence of this Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement
Capital Requirements. If any Lender reasonably 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, 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 Commitments of such Lender or the Advances Loans made by 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 and liquidityadequacy), then from time to time the Company 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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Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time time, within 15 days after demand by such Lender (with a copy to the Company will Administrative Agent), the Borrower shall 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.
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Capital Requirements. If any Lender reasonably determines in good faith 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, 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 Credit Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, Lender to a level below that which such Lender or such LenderLxxxxx’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderLxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Abrdn Income Credit Strategies Fund)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office the applicable Lender Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Term Loans made by by, such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
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Capital Requirements. If any Lender reasonably determines that any Change in Law made after the Effective Date 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, 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 Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Orbimage Inc)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office the applicable Lender Office of such Lender or such Lender’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 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 Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Taylor Morrison Home Corp)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company applicable 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.
Appears in 1 contract
Samples: Senior Unsecured Term Loan Credit Agreement (Avnet Inc)
Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Loans made by by, such Lender, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company will Borrowers shall pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
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Capital Requirements. If any Lender reasonably 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, 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 Commitment of such Lender or the Advances 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 or such Lender’s holding company’s policies and the policies of such Lender’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender Lender, in Dollars, 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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Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by 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 and liquidityliquidity position), then from time to time the Company Borrowers 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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Capital Requirements. If any Lender reasonably 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 Term Loan Commitments of such Lender or the Advances Term Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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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Capital Requirements. If any Lender reasonably 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, 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 Advances Term Loan made by such Lender, 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 and liquidityadequacy), then from time to time time, following the Company receipt by Borrower of a written request therefor, 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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Capital Requirements. If any Lender reasonably 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, 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 Commitment of such Lender or the Advances 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 LenderLxxxxx’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such LenderLxxxxx’s holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Credit Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Madison Square Garden Entertainment Corp.)
Capital Requirements. If any Lender reasonably 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 Delayed Draw Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Advances 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 and or liquidity), by an amount deemed by such Lender to be material in its sole discretion then from time to time the Company 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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Capital Requirements. If any Lender reasonably 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, 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’s, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Term Loan Agreement (CNL Healthcare Properties, Inc.)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’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 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 Advances Loans made by such Lenderby, 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 and liquidityadequacy), then from time to time the Company Borrowers 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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Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such Lender or any lending office applicable 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 Commitments of such Lender or the Advances 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 LenderXxxxxx’s holding company with respect to capital adequacy and liquidity), then from time to time upon written request of such Lender, the Company will Borrower shall promptly 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.
Appears in 1 contract
Samples: Credit Agreement (Ohio Power Co)
Capital Requirements. If any Lender reasonably determines that any Change in Law affecting such any Lender or any lending office Lending Office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements, requirements has or would have the effect of reducing reducing, by an amount deemed by such Lender to be material, 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 Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company will Borrower will, upon the request of such Lender, 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.
Appears in 1 contract
Samples: Credit Agreement (Philadelphia Consolidated Holding Corp)
Capital Requirements. If any Lender reasonably 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 Loan Agreement, the Commitments Commitment of such Lender or the Advances Loans made by such 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 and liquidity), then from time to time upon written request of such Lender, the Company will Borrower shall promptly 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 1 contract
Samples: Term Loan Agreement (Public Service Co of New Mexico)
Capital Requirements. If any Lender reasonably determines in good faith that any Change in Law affecting such Lender or any lending office Lending Office of such Lender or such Lender’s '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 's capital or on the capital of such Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances Loans made by such LenderLender hereunder, to a level below that which such Lender or such Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's policies and the policies of such Lender’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s 's holding company for any such reduction suffered.
Appears in 1 contract
Samples: Loan Agreement (Biogen Idec Inc.)
Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by 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 and liquidityadequacy), then from time to time the Company Borrower will pay to such Lender Lender, such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Advances Committed Loans made by 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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 LenderXxxxxx’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Advances made by such 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 and the policies of such LenderXxxxxx’s holding company with respect to capital adequacy and liquidity), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (International Flavors & Fragrances Inc)
Capital Requirements. If any Lender reasonably determines in good faith 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, 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 Credit Agreement, the Commitments of such Lender or the Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Samples: Credit Agreement (Aberdeen Income Credit Strategies Fund)
Capital Requirements. If any Lender reasonably 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 Commitments of such Lender or the Advances Credit Extensions made by such Lender, 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 and liquidityadequacy), then from time to time the Company Borrowers 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably 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, 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 Term Loan Commitment of such Lender or the Advances Loans made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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.
Appears in 1 contract
Capital Requirements. If any Lender reasonably determines in good faith 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 Commitments of such Lender or the Advances Loan made by such Lender, 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 and liquidityadequacy), then from time to time the Company 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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Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 and liquidity), then from time to time the Company 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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Capital Requirements. If any Lender reasonably 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, 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 Advances Loans made by such Lender, 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 LenderXxxxxx’s holding company with respect to capital adequacy and liquidity), then from time to time the Company will pay (or cause the applicable Borrower to 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: Term Loan Agreement (Mastec Inc)
