Exceptions to increased Clause Samples

Exceptions to increased costs Clause 8.6 does not apply to the extent any Increased Costs is: 8.8.1 compensated for by a payment made under Clause 8.11; or 8.8.2 compensated for by a payment made under Clause 17.3; or 8.8.3 attributable to a FATCA Deduction required to be made by a Party; or 8.8.4 attributable to the wilful breach by the relevant Finance Party (or the holding company of that Finance Party) of any law or regulation; or 8.8.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, the relevant Finance Party or any holding company of the relevant Finance Party).

Exceptions to increased costs Clause 8.5 does not apply to the extent any additional cost or reduced return referred to in that Clause is: 8.6.1 compensated for by a payment made under Clause 8.10; or 8.6.2 compensated for by a payment made under Clause 17.3; or 8.6.3 attributable to a FATCA Deduction required to be made by a Party; or 8.6.4 compensated for by the payment of the Mandatory Cost; or 8.6.5 attributable to the wilful breach by the relevant Finance Party (or the holding company of that Finance Party) of any law or regulation; or 8.6.6 attributable to the implementation or application of or compliance with the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, Finance Party or any of its Affiliates).

Exceptions to increased costs Clause 8.7 does not apply to the extent any Increased Costs is: 8.9.1 compensated for by a payment made under Clause 8.12; or 8.9.2 compensated for by a payment made under Clause 17.3; or 8.9.3 attributable to a FATCA Deduction required to be made by a Party; or 8.9.4 attributable to the wilful breach by the relevant Finance Party (or an Affiliate of that Finance Party) of any law or regulation; or 8.9.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, Finance Party or of its Affiliates). In this Clause 8.9, “Basel III” means (a) the agreements on capital requirements, a leverage ratio and liquidity standards contained in “Basel III: A global regulatory framework for more resilient banks and banking systems”, “Basel III: International framework for liquidity risk measurement, standards and monitoring” and “Guidance for national authorities operating the countercyclical capital buffer” published by the Basel Committee on Banking Supervision in December 2010, each as amended, supplemented or restated,

Exceptions to increased costs Clause 8.7 does not apply to the extent any Increased Costs is: 8.9.1 compensated for by a payment made under Clause 8.12; or 8.9.2 compensated for by a payment made under Clause 17.3; or 8.9.3 attributable to a FATCA Deduction required to be made by a Party; or 8.9.4 attributable to the wilful breach by the relevant Finance Party (or an Affiliate of that Finance Party) of any law or regulation; or 8.9.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, Finance Party or of its Affiliates). In this Clause 8.9, “Basel III” means (a) the agreements on capital requirements, a leverage ratio and liquidity standards contained in “Basel III: A global regulatory framework for more resilient banks and banking systems”, “Basel III: International framework for liquidity risk measurement, standards and monitoring” and “Guidance for national authorities operating the countercyclical capital buffer” published by the Basel Committee on Banking Supervision in December 2010, each as amended, supplemented or restated, (b) the rules for global systemically important banks contained in “Global systemically important banks: assessment methodology and the additional loss absorbency requirement—Rules text” published by the Basel Committee on Banking Suspension in November 2011 and (c) any further guidance or standards published by the Basel Committee on Banking Supervision relating to “Basel III”; and