Common use of Changes in Capital Adequacy 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, then, within 30 days of demand by such Lender, 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); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "Change" means (a) any change after the Initial Closing Date in or change in the interpretation of the Risk-Based Capital Guidelines or (b) any adoption of or change in or change in the interpretation of 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 any Lending Installation or any corporation controlling any Lender. "Risk-Based Capital Guidelines" means (x) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (y) 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.

Appears in 1 contract

Samples: Credit Agreement (Ohio Casualty Corp)

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Changes in Capital Adequacy. Regulations 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, then, within 30 days of demand by such Lender, the 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 Loans, its interest in the Facility Letters of Credit or its Commitment obligation to make Loans or participate in or issue Facility Letters of Credit hereunder (after taking into account such Lender's policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "Change" means (a) any change after the Initial Closing Date in or change in the interpretation of the Risk-Based Capital Guidelines Guidelines, or (b) any adoption of or change in or change in the interpretation of 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 Closing Date which affects the amount of capital required or expected to be maintained by any Lender or any Lending Installation or any corporation controlling any Lender. "Risk-Based Capital Guidelines" means (xa) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, Closing Date and (yb) 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 AgreementClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Luiginos Inc)

Changes in Capital Adequacy. Regulations If a Lender or the LC Issuer determines the amount of capital required or expected to be maintained by such LenderLender or the LC Issuer, any Lending Installation of such Lender or the LC Issuer, or any corporation controlling such Lender or the LC Issuer is increased as a result of a Change, "CHANGE," then, within 30 15 days of demand by such LenderLender or the LC Issuer, the Borrower shall pay 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 such Lender or the LC Issuer determines is attributable to this Agreement, its Loans Credit Exposure or its Commitment to make Loans and issue or participate in 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); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "ChangeCHANGE" means (ai) any change after the Initial Closing Date date of this Agreement in or change in the interpretation of the Risk-Based Capital Guidelines (as defined below) or (bii) any adoption of or change in or change in the interpretation of 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 LC Issuer or any Lending Installation or any corporation controlling any LenderLender or the LC Issuer. "RiskRISK-Based Capital GuidelinesBASED CAPITAL GUIDELINES" means (xi) the risk-based capital guidelines in effect in the United States U.S. on the date of this Agreement, including transition rules, and (yii) the corresponding capital regulations promulgated by regulatory authorities outside the United States U.S. 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.

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Holdings Corp)

Changes in Capital Adequacy. Regulations 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" (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 30 15 days after receipt by the Borrowers of written demand by such LenderLender pursuant to Section 4.5, Borrower the 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 Loans, its L/C Interests, the Letters of Credit or its Commitment obligation to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "ChangeCHANGE" means (ai) any change after the Initial Closing Date in or change date of this Agreement in the interpretation "Risk-Based Capital Guidelines" (as defined below) excluding, for the avoidance of doubt, the effect of any phasing in of such Risk-Based Capital Guidelines or any other capital requirements passed prior to the date hereof, or (bii) any adoption of or change in or change in the interpretation of 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 and having general applicability to all banks and financial institutions within the jurisdiction in which such Lender operates which affects the amount of capital required or expected to be maintained by any Lender or any Lending Installation or any corporation controlling any Lender. "RiskRISK-Based Capital GuidelinesBASED CAPITAL GUIDELINES" means (xi) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (yii) 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.

Appears in 1 contract

Samples: Credit Agreement (Marsh Supermarkets Inc)

Changes in Capital Adequacy. Regulations 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” (as defined below), and (ii) such increase in capital will result in an increase in the cost to such Lender of maintaining its Commitment, Loans, L/C Interests, the Letters of Credit or its obligation to make Loans hereunder, then, within 30 fifteen (15) days after receipt by the Company or any other Borrower of written demand by such LenderLender pursuant to Section 4.5, Borrower the applicable 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 Commitment, its Loans, its L/C Interests, the Letters of Credit or its Commitment obligation to make Loans hereunder (after taking into account such Lender's ’s policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "Change" means (ai) any change after the Initial Closing Date in or change date of this Agreement in the interpretation “Risk-Based Capital Guidelines” (as defined below) excluding, for the avoidance of doubt, the effect of any phasing in of such Risk-Based Capital Guidelines or any other capital requirements passed prior to the Closing Date, or (bii) any adoption of or change in or change in the interpretation of 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 any Lending Installation or any corporation controlling any Lender. "Risk-Based Capital Guidelines" means (xi) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (yii) 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.

Appears in 1 contract

Samples: Credit Agreement (Chicago Bridge & Iron Co N V)

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Changes in Capital Adequacy. Regulations 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” (as defined below), and (ii) such increase in capital will result in an increase in the cost to such Lender of maintaining its Commitment, Loans or its obligation to make Loans hereunder, then, within 30 fifteen (15) days after receipt by the Company or the Borrower of written demand by such LenderLender pursuant to Section 4.5, the 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 Commitment, its Loans or its Commitment obligation to make Loans hereunder (after taking into account such Lender's ’s policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "Change" means (ai) any change after the Initial Closing Date in or change date of this Agreement in the interpretation “Risk-Based Capital Guidelines” (as defined below) excluding, for the avoidance of doubt, the effect of any phasing in of such Risk-Based Capital Guidelines or any other capital requirements passed prior to the Closing Date, or (bii) any adoption of or change in or change in the interpretation of 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 any Lending Installation or any corporation controlling any Lender. "Risk-Based Capital Guidelines" means (xi) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (yii) 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.

Appears in 1 contract

Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V)

Changes in Capital Adequacy. Regulations Regulations. If a Lender in good faith 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 ChangeChange (as hereinafter defined), then, within 30 15 days of demand by such Lender, the 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 in good faith determines is attributable to this Agreement, its Loans outstanding credit exposure hereunder or its Commitment obligation to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "Change" means (ai) any change after the Initial Closing Date date of this Agreement in or change in the interpretation of the Risk-Based Capital Guidelines (as hereinafter defined) or (bii) any adoption of or change in or change in the interpretation of 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 any Lending Installation or any corporation controlling any Lender. "Risk-Based Capital Guidelines" means (xi) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (yii) 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.

Appears in 1 contract

Samples: Credit Agreement (Glimcher Realty Trust)

Changes in Capital Adequacy. Regulations 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, then, within 30 15 days of demand by such Lender, Borrower the 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 Loans, L/C Interests or its Revolving Loan Commitment to make Loans hereunder (after taking into account such Lender's policies as to capital adequacy); provided, that if any Lender fails to notify Borrower within 180 days after it obtains actual knowledge of any event giving rise to the payment of additional amounts under this Section 3.2, then such Lender shall only be entitled to payment for additional amounts incurred from and after the date which is 180 days prior to the date that such Lender gives such notice. "ChangeCHANGE" means (ai) any change after the Initial Closing Date date of this Agreement in or change in the interpretation of the Risk-Based Capital Guidelines or (bii) any adoption of or change in or change in the interpretation of 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 any Lending Installation or any corporation controlling any Lender. "RiskRISK-Based Capital GuidelinesBASED CAPITAL GUIDELINES" means (xi) the risk-based capital guidelines in effect in the United States on the date of this Agreement, including transition rules, and (yii) 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.

Appears in 1 contract

Samples: Credit Agreement (Catalina Marketing Corp/De)

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