Common use of Change in Capital Adequacy Requirements Clause in Contracts

Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital as a consequence of its obligations hereunder or the credit which is the subject matter hereof to a level below that which the Lender would have achieved before such adoption, change or compliance (taking into consideration the Lender’s policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally shall pay to the Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for such reduction. (b) If the Lender becomes entitled to claim any additional amount or amounts pursuant to this Section, it shall promptly notify each of the Borrowers of the event by reason of which it has become so entitled and setting out its reasons why it believes an increased payment by each of the Borrowers is due. A certificate as to any additional amounts payable pursuant to this Section submitted by the Lender to any of the Borrowers shall be prima facie evidence of the information recorded therein and shall set forth in reasonable detail the amount and the computation thereof that is due. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder. The Borrowers shall have no obligation to compensate the Lender for any cost or reduction incurred by it more than one year before the Lender gives notice of the event giving rise to such cost or reduction.

Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s 's capital as a consequence of its obligations hereunder or the credit which is the subject matter hereof to a level below that which the Lender would have achieved before such adoption, change or compliance (taking into consideration the Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally shall pay to the Lender such Borrower’s 's Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for such reduction. (b) If the Lender becomes entitled to claim any additional amount or amounts pursuant to this Section, it shall promptly notify each of the Borrowers of the event by reason of which it has become so entitled and setting out its reasons why it believes an increased payment by each of the Borrowers is due. A certificate as to any additional amounts payable pursuant to this Section submitted by the Lender to any of the Borrowers shall be prima facie evidence of the information recorded therein and shall set forth in reasonable detail the amount and the computation thereof that is due. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder. The Borrowers shall have no obligation to compensate the Lender for any cost or reduction incurred by it more than one year before the Lender gives notice of the event giving rise to such cost or reduction.

Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branchesbranches or any corporation having control of the Lender) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s 's capital as a consequence of its obligations hereunder or for the credit which is the subject matter hereof to a level below that which the Lender would could have achieved before but for such adoption, change or compliance (taking into consideration the Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally the Company shall pay to the Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for the reduction; provided, however, that the Company shall not be required to pay such reduction. additional amounts in respect of any such adoption or change for any period ending prior to the date that is 90 days prior to the giving of the notice of the determination of such additional amounts (b) unless such period shall have commenced after the date that the Lender notified the Company of the possibility that additional amounts may be payable as a result of such adoption or change), except, if such adoption or change shall have been imposed retroactively, for the period from the effective date of such adoption or change to the date that is 90 days after the first date on which the Lender reasonably should have had knowledge of such adoption or change. If the Lender becomes entitled to makes such a claim any additional amount or amounts pursuant to this Sectionfor compensation, it shall promptly notify each provide to the Company a certificate setting forth the computation of the Borrowers reduction as a result of the any event by reason of which it has become so entitled and setting out its reasons why it believes an increased payment by each of the Borrowers is due. A certificate as to any additional amounts payable pursuant to this Section submitted by the Lender to any of the Borrowers shall be prima facie evidence of the information recorded therein and shall set forth mentioned herein in reasonable detail the amount and the computation thereof that is duesuch certificate shall be deemed conclusive if reasonably determined. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder. The Borrowers shall have no obligation to compensate the Lender for If any cost or reduction incurred by it more than one year before the Lender gives notice of the event changes giving rise to such cost Lender's demand for compensation are subsequently modified, amended or reductionrepealed with effect of reducing or eliminating the increased costs to Lender or the reduction in interest or principal received or receivable by Lender, then Lender shall promptly give notice thereof to the Company.

Change in Capital Adequacy Requirements. (a) If the any Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereofthereof and having general applicability to banks in the jurisdiction in which such Lender operates, or compliance by the such Lender (or any of its branchesbranches or any corporation having control of such Lender) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of materially reducing the rate of return on the such Lender’s 's capital as a consequence of its obligations hereunder or for the credit which is the subject matter hereof to a level below that which the such Lender would could have achieved before but for such adoption, change or compliance (taking into consideration the such Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the such Lender to be material, then from time to time, within fifteen (15) days after written demand by the such Lender, each Borrower severally the Company shall pay to the such Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the such Lender as will compensate the such Lender for the reduction; provided, however, that the Company shall not be required to pay such reduction. additional amounts in respect of any such adoption or change for any period ending prior to the date that is 90 days prior to the giving of the notice of the determination of such additional amounts (b) unless such period shall have commenced after the date that such Lender notified the Company of the possibility that additional amounts may be payable as a result of such adoption or change), except, if such adoption or change shall have been imposed retroactively, for the period from the effective date of such adoption or change to the date that is 90 days after the first date on which such Lender reasonably should have had knowledge of such adoption or change. If the such Lender becomes entitled to makes such a claim any additional amount or amounts pursuant to this Sectionfor compensation, it shall promptly notify each provide to the Company (with a copy to the Administrative Agent) a certificate setting forth the computation of the Borrowers reduction as a result of the any event by reason of which it has become so entitled and setting out its reasons why it believes an increased payment by each of the Borrowers is due. A certificate as to any additional amounts payable pursuant to this Section submitted by the Lender to any of the Borrowers shall be prima facie evidence of the information recorded therein and shall set forth mentioned herein in reasonable detail the amount and the computation thereof that is duesuch certificate shall be deemed conclusive if reasonably determined. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder. The Borrowers shall have no obligation to compensate the Lender for If any cost or reduction incurred by it more than one year before the Lender gives notice of the event changes giving rise to such cost Lender's demand for compensation are subsequently modified, amended or reductionrepealed with effect of reducing or eliminating the increased costs to such Lender or the reduction in interest or principal received or receivable by such Lender, then such Lender shall promptly give notice thereof to the Company.