Common use of Changes in Capital Adequacy Regulations Clause in Contracts

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below), then, within 15 days of demand by such Lender, the Company shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "

Appears in 7 contracts

Samples: 364 Day Credit Agreement (Cardinal Health Inc), 364 Day Credit Agreement (Cardinal Health Inc), 364 Day Credit Agreement (Cardinal Health Inc)

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Changes in Capital Adequacy Regulations. If a Lender determines that the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)in Law, then, within 15 fifteen (15) days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans Outstanding Credit Exposure or its Commitment to make Loans hereunder (after taking into account such Lender's ’s policies as to capital adequacy). ".

Appears in 4 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)

Changes in Capital Adequacy Regulations. If a Lender determines in good faith that the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased by an amount deemed material by such Lender as a result of a Change (as defined below)Change, then, within 15 days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment obligation to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). ".

Appears in 2 contracts

Samples: Credit Agreement (Cna Surety Corp), Credit Agreement (Cna Surety Corp)

Changes in Capital Adequacy Regulations. If a Lender determines (i) the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a "Change in Capital Adequacy" (as defined below), and (ii) such increase in capital will result in an increase in the cost to such Lender of maintaining its Loans, L/C Interests, the Letters of Credit or its obligation to make Loans hereunder, then, within 15 days after receipt by the Borrower of written demand by such Lender, the Company shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "pursuant to

Appears in 1 contract

Samples: Long Term Credit Agreement (Ball Corp)

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment obligation to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "adequa-

Appears in 1 contract

Samples: Revolving Credit Agreement (Lennar Corp)

Changes in Capital Adequacy Regulations. If a the Lender determines the amount of capital required or expected to be maintained by such the Lender, any its Lending Installation of such Lender Office or any corporation controlling such the Lender is increased as a result of a Change (as defined below)Change, then, within 15 ten (10) days of demand by such the Lender, the Company Borrower shall pay such the Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such the Lender determines is attributable to this Agreement, its the Loans or its Commitment obligation to make the Loans hereunder (after taking into account such the Lender's ’s policies as to capital adequacy). "; provided, however, that the Lender shall impose

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, the outstanding amount of its Loans Loan or its Commitment to make Loans a Loan, as the case may be, hereunder (after taking into account such Lender's ’s policies as to capital adequacy). "

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Changes in Capital Adequacy Regulations. If a Lender determines that the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)in Law, then, within 15 fifteen (15) days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans Outstanding Credit Exposure or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). ".

Appears in 1 contract

Samples: Credit Agreement (Portland General Electric Co /Or/)

Changes in Capital Adequacy Regulations. If a Lender determines the --------------------------------------- amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below), then, within 15 days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "'s

Appears in 1 contract

Samples: Revolving Credit Agreement (DPL Inc)

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender Lender, or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 fifteen (15) days of demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans Outstanding Credit Exposure or its Commitment to make Loans hereunder (after taking into account such Lender's ’s policies as to capital adequacy). "

Appears in 1 contract

Samples: Term Loan Credit Agreement (Idaho Power Co)

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Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 days of demand demand, accompanied by the written statement required by Section 3.6, by such Lender, the Company Borrowers shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans Revolving Credit Exposure or its Commitment to make Loans hereunder (after taking into account such Lender's Xxxxxx’s policies as to capital adequacy). "“Change”

Appears in 1 contract

Samples: Credit Agreement

Changes in Capital Adequacy Regulations. If a Lender determines --------------------------------------- the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 fifteen (15) days of written demand by such Lender, the Company Borrower shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender reasonably determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "capital

Appears in 1 contract

Samples: Credit Agreement (Finish Line Inc /De/)

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation entity controlling such Lender is increased as a result of a Change (as defined below), then, within 15 days of demand by such Lender, the Company shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "

Appears in 1 contract

Samples: Credit Agreement (Cardinal Health Inc)

Changes in Capital Adequacy Regulations. If a Lender determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change (as defined below)Change, then, within 15 days of demand by such Lender, the Company Borrowers shall pay such Lender the amount necessary to compensate for any shortfall in the rate of return on the portion of such increased capital which such Lender determines is attributable to this Agreement, its Loans or its Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy). "to

Appears in 1 contract

Samples: Credit Agreement (Nationwide Financial Services Inc/)

Changes in Capital Adequacy Regulations. If a Lender --------------------------------------- determines the amount of capital required or expected to be maintained by such Lender, any Lending Installation of such Lender or any corporation controlling such Lender is increased as a result of a Change "Change" (as defined below), then, within 15 days of demand by such Lender, Lender the Company applicable Borrower shall pay such Lender the amount necessary to compensate compensate, on an after-tax basis, for any shortfall in the rate of return on the portion of such increased capital which such Lender reasonably determines is attributable to this Agreement, its Loans Outstanding Credit Exposure or its Commitment to make Loans hereunder Commitments (after taking into account such Lender's policies as to capital adequacy). "adequacy and the

Appears in 1 contract

Samples: Credit Agreement (Gardner Denver Inc)

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