Common use of Change in Circumstances Yield Protection Clause in Contracts

Change in Circumstances Yield Protection. (a) Certain Regulatory Changes. If any Regulatory Change or compliance by any Bank with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, any Bank; (ii) impose on any Bank any other condition regarding the Notes; (iii) subject any Bank to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing any Bank to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from Borrowers; or (iv) change the basis of taxation of payments from Borrowers to any Bank (other than by reason of a change in the method of taxation of any Bank's net income); and the result of any of the foregoing events is to increase the cost to any Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by any Bank hereunder in respect of any Loan, First Union will immediately so notify Borrowers. If any Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by First Union to Borrowers, Borrowers shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate that Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a) a Certain Regulatory Changes. If any Regulatory Change or compliance by any Bank the Banks with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, any Bankthe Banks; (ii) impose on any Bank the Banks any other condition regarding the Notes; (iii) subject any Bank the Banks to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing any Bank the Banks to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from BorrowersAeroCentury; or (iv) change the basis of taxation of payments from Borrowers AeroCentury to any Bank the Banks (other than by reason of a change in the method of taxation of any a Bank's net income); and the result of any of the foregoing events is to increase the cost to any a Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by any the Bank hereunder in respect of any Loan, First Union National City will immediately so notify BorrowersAeroCentury. If any a Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by First Union National City to BorrowersAeroCentury, Borrowers AeroCentury shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate that the Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a) Certain Regulatory Changes. If any Regulatory Change or compliance by any Bank with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, any Bank; (ii) impose on any Bank any other condition regarding the Notes; (iii) subject any Bank to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing any Bank to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from the Borrowers; or (iv) change the basis of taxation of payments from the Borrowers to any Bank (other than by reason of a change in the method of taxation of any Bank's net income); and the result of any of the foregoing events is to increase the cost to any Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by any Bank hereunder in respect of any Loan, First Union the Administrative Agent will immediately so notify the Borrowers. If any Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by First Union the Administrative Agent to the Borrowers, the Borrowers shall pay to such Bank on each interest payment date of the LoanLoans, such additional amount as shall be necessary to compensate that Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a) Certain Regulatory Changes. If any Regulatory Change or compliance by any Bank the Banks with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, any Bankthe Banks; (ii) impose on any Bank the Banks any other condition regarding the Notes; (iii) subject any Bank the Banks to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing any Bank the Banks to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from BorrowersAeroCentury; or (iv) change the basis of taxation of payments from Borrowers AeroCentury to any Bank the Banks (other than by reason of a change in the method of taxation of any a Bank's net income); and the result of any of the foregoing events is to increase the cost to any a Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by any the Bank hereunder in respect of any Loan, First Union will immediately so notify BorrowersAeroCentury. If any a Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by First Union to BorrowersAeroCentury, Borrowers AeroCentury shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate that the Bank for such increased cost or reduced amount.