Common use of Increased Capital Costs Clause in Contracts

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans made by it hereunder is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such Lender to the Borrower, the Borrower shall within five days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans made by it hereunder is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such Lender to the Borrower, the Borrower shall within five days ten Business Days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute reasonable discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any the Lender or any Person controlling such the Lender, and such the Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments Commitment or the Loans Loan made by it hereunder is reduced to a level below that which such the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such the Lender to the Borrower, the Borrower shall within five days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such the Lender or such controlling Person for such reduction in rate of return. A statement of such the Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such the Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any the Lender or any Person controlling such the Lender, and such the Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments Commitment or the Loans any Loan made by it hereunder is reduced to a level below that which such the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such the Lender to the Borrower, the Borrower shall within five days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such the Lender or such controlling Person for such reduction in rate of return. A statement of such the Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such the Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If If, after the Effective Date, any Change in Law affects or would affect the amount of capital required or expected to be maintained by any the Lender or any Person controlling such the Lender, and such the Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such its controlling Person’s 's capital as a consequence of the Commitments commitment or the Loans made made, by it hereunder the Lender is reduced to a level below that which such the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such the Lender to the Borrower, the Borrower shall within five days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such the Lender or such controlling Person for such reduction in rate of return. A statement of such the Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such the Lender may use any reasonable method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any Change change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in Law of, in each case after the date hereof, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any court, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s 's capital as a consequence of the Commitments its Commitment or the Loans made by it hereunder such Lender is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then then, in any such case upon notice from time to time by such Lender to the Borrower, the Borrower shall shall, within five days following of its receipt of such notice notice, pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) reasonably shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital or liquidity required or expected to be maintained by any Lender Lender, or any Person controlling Controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretionPermitted Discretion) that the rate of return on its or such controlling Controlling Person’s capital as a consequence of the its Commitments or the Loans made by it hereunder such Lender is reduced to a level below that which such Lender or such controlling Controlling Person could have achieved but for the occurrence of any such circumstance, then then, in any such case upon notice from time to time by such Lender to Borrower and Agent, Borrowers shall promptly pay, after presentment of the Borrowercertificate described in Section 3.3, the Borrower shall within five days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding on the BorrowerBorrowers. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute discretionPermitted Discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans made by it hereunder is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such Lender to the Borrower, the die Borrower shall within five days ten Business Days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute reasonable discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans made by it hereunder is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such Lender to the Borrower, the Borrower shall within five days Business Days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any Change in Law affects or would affect the amount of capital required or expected to be maintained by any the Lender or any Person controlling such the Lender, and such the Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans made by it hereunder is reduced to a level below that which such the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such the Lender to the Borrower, the Borrower shall within five days Business Days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such the Lender or such controlling Person for such reduction in rate of return. A statement of such the Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such the Lender may use any method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If If, after the Closing Date, any Change change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase in Law of, any law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Governmental Authority (other than changes with respect to Taxes, which are governed exclusively by Section 4.06) affects or would affect the amount of capital required or expected to be maintained by any Lender or any Person controlling such Lender, and such Lender determines (in good faith but in its sole and absolute discretion) that the rate of return on its or such controlling Person’s capital as a consequence of the Commitments or the Loans Credit Extensions made by it hereunder such Lender is reduced to a level below that which such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then upon notice from time to time by such Lender to the Borrower, the Borrower shall within five (5) days following receipt of such notice pay directly to the Administrative Agent for the account of such Lender additional amounts sufficient to compensate such Lender or such controlling Person for such reduction in rate of return. A statement of such Lender as to any such additional amount or amounts shall, in the absence of manifest error, be conclusive and binding on the Borrower. In determining such amount, such Lender may use any reasonable method of averaging and attribution that it (in its sole and absolute discretion) shall deem applicable.