Common use of Changes in Capital Adequacy Regulations Clause in Contracts

Changes in Capital Adequacy Regulations. If the Issuer or another Lender determines the amount of capital required or expected to be maintained by the Issuer or such Lender, any Lending Installation of such Lender or any corporation controlling the Issuer or such Lender is increased as a result of a Change, then, within 15 days of demand by the Issuer or such Lender, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender determines is attributable to this Agreement, Loans or Letters of Credit outstanding hereunder (or participations therein) or its Commitment to make Loans or to issue or participate in Letters of Credit hereunder (after taking into account such Lender's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by the Issuer, any other Lender or any Lending Installation or any corporation controlling the Issuer or any other Lender. "Risk Based Capital Guidelines" means (i) the risk based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by such Lender or the Issuer or such LenderLC Issuer, any Lending Installation of such Lender or the LC Issuer or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a Change, then, within 15 days of demand by such Lender or the Issuer or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or the LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines is attributable to this Agreement, Loans or its Loans, Letters of Credit outstanding hereunder (or participations therein) or its Commitment to make Loans or to and issue or participate in Letters of Credit Credit, as the case may be, hereunder (after taking into account such Lender's ’s or the LC Issuer’s policies as to capital adequacy). "“Change" ” means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, interpretation or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender or the Issuer or any other LenderLC Issuer. "Risk “Risk-Based Capital Guidelines" ” means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "entitled “International Convergence of Capital Measurements and Capital Standards," ” including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If the a Lender or an LC Issuer or another Lender determines the amount of capital required or expected to be maintained by the Issuer such Lender or such LenderLC Issuer, any Lending Installation of such Lender or such LC Issuer, or any corporation controlling the Issuer such Lender or such Lender LC Issuer is increased as a result of a Change, then, within 15 thirty (30) days of demand by the Issuer such Lender or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) Borrowers shall pay the Issuer such Lender or such Lender LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer such Lender or such Lender LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or such LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by the Issuer, any other Lender or any Lending Installation or any corporation controlling the LC Issuer or any other Lendercorporation controlling any Lender or any LC Issuer. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by such Lender or the Issuer or such LenderLC Issuer, any Lending Installation of such Lender or the LC Issuer or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a Change, then, within 15 days of demand by such Lender or the Issuer or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or the LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or the LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) Guidelines, or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender or the Issuer or any other LenderLC Issuer. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If the a Lender or LC Issuer or another Lender determines the amount of capital required or expected to be maintained by the Issuer such Lender or such LenderLC Issuer, any Lending Installation of such Lender or LC Issuer or any corporation controlling the Issuer or such Lender or LC Issuer is increased as a result of a Change, then, within 15 fifteen (15) days of after demand by the Issuer such Lender or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or LC Issuer determines is attributable to this Agreement, its Loans or Letters of Credit outstanding hereunder (or participations therein) or its Commitment obligation to make Loans hereunder, or its issuance or maintenance of or participation in, or commitment to issue, to maintain or to issue or participate in in, the Facility Letters of Credit hereunder (after taking into account such Lender's or LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption or phase-in of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by the any Lender, LC Issuer, any other Lender or any Lending Installation or any corporation controlling the Issuer any Lender or any other LenderLC Issuer. "Risk Risk-Based Capital Guidelines" means (iA) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (iiB) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by such Lender or the Issuer or such LenderLC Issuer, any Lending Installation of such Lender or the LC Issuer, or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a Change, then, within 15 days of demand by such Lender or the Issuer or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) Borrowers shall pay the Issuer or such Lender or the LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or the LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender or the Issuer or any other LenderLC Issuer. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by such Lender or the Issuer or such LenderLC Issuer, any Lending Installation of such Lender or the LC Issuer, or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a Change, then, within 15 days of demand by such Lender or the Issuer or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or the LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or the LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender, the LC Issuer or any other LenderLending Installation. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by the Issuer or such Lender, any Lending Installation of such Lender or the LC Issuer or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a ChangeChange generally applicable to national banks in the United States, then, within 15 days of demand by such Lender or the Issuer or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or the LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or the LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender or the Issuer or any other LenderLC Issuer. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If the a Lender or an LC Issuer or another Lender determines the amount of capital or liquidity required or expected to be maintained by the Issuer or such Lender, any Lending Installation of such Lender or such LC Issuer, or any corporation controlling the Issuer such Lender or such Lender LC Issuer is increased as a result of a Change, then, within 15 30 days of written demand by the Issuer such Lender or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer such Lender or such Lender LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital or liquidity which the Issuer such Lender or such Lender LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Revolving Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Credit, as the case may be, hereunder (after taking into account such Lender's ’s or such LC Issuer’s policies as to capital adequacy). "“Change" ” means (ia) any change after the date of this Agreement Closing Date in the Risk Based Capital Guidelines (as defined below) Guidelines, or (iib) any adoption of or change in any other lawlaw (including any CPA Change), governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement Closing Date which affects the amount of capital or liquidity required or expected to be maintained by the Issuer, any other Lender or any LC Issuer or any Lending Installation or any corporation controlling the Issuer any Lender or any other LenderLC Issuer. "“Risk Based Capital Guidelines" ” means (ia) the risk based capital guidelines in effect in the United States on the date of this AgreementClosing Date, including transition rules, and (iib) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Basel Committee on Banking Regulation and Supervisory Practices Entitled "“International Convergence of Capital Measurements and Capital Standards," ” including transition rules, and any amendments to such regulations adopted prior to the date of this AgreementClosing Date.

Changes in Capital Adequacy Regulations. (a) If a Lender or the LC Issuer or another Lender determines the amount of capital required or expected to be maintained by such Lender or the Issuer or such LenderLC Issuer, any Lending Installation of such Lender or the LC Issuer, or any corporation controlling the Issuer or such Lender or the LC Issuer is increased as a result of a Change, then, within 15 days of demand by the Issuer or such Lender, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) shall pay the Issuer or such Lender or the LC Issuer, in accordance with Section 3.2(b), the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer or such Lender or the LC Issuer determines in good faith is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's or the LC Issuer's policies as to capital adequacy). "Change" means (i) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) Guidelines, or (ii) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by any Lender or the Issuer, any other Lender LC Issuer or any Lending Installation or any corporation controlling any Lender or the Issuer or any other LenderLC Issuer. "Risk Risk-Based Capital Guidelines" means (i) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (ii) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "International Convergence of Capital Measurements and Capital Standards," including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.

Changes in Capital Adequacy Regulations. If the a Lender or LC Issuer or another Lender determines the amount of capital required or expected to be maintained by the Issuer such Lender or such LenderLC Issuer, any Lending Installation of such Lender or such LC Issuer or any corporation controlling the Issuer such Lender or such Lender LC Issuer is increased as a result of a ChangeChange (as hereinafter defined), then, within 15 days of demand by the Issuer such Lender or such LenderLC Issuer, the applicable Borrower (or, if the amount payable is not attributable or allocable to a particular Borrower, PHI) Borrowers shall pay the Issuer such Lender or such Lender LC Issuer the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which the Issuer such Lender or such Lender LC Issuer determines is attributable to this Agreement, Loans or Letters of its Outstanding Credit outstanding hereunder (or participations therein) Exposure or its Commitment to make Loans or to and issue or participate in Letters of Credit Facility LCs, as the case may be, hereunder (after taking into account such Lender's Lender or such LC Issuer’s policies as to capital adequacy). "“Change" ” means (ia) any change after the date of this Agreement in the Risk Risk-Based Capital Guidelines (as defined below) or (iib) any adoption of or change in any other law, governmental or quasi-governmental rule, regulation, policy, guideline, interpretation, or directive (whether or not having the force of law) after the date of this Agreement which affects the amount of capital required or expected to be maintained by the Issuer, any other Lender or any LC Issuer or any Lending Installation or any corporation controlling the Issuer any Lender or any other LenderLC Issuer. "Risk “Risk-Based Capital Guidelines" ” means (ia) the risk risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (iib) the corresponding capital regulations promulgated by regulatory authorities outside the United States implementing the July 1988 report of the Basle Committee on Banking Regulation and Supervisory Practices Entitled "“International Convergence of Capital Measurements and Capital Standards," ” including transition rules, and any amendments to such regulations adopted prior to the date of this Agreement.