Common use of Increased Capital Requirements Clause in Contracts

Increased Capital Requirements. If at any time the Agent or any Lender determines that, after the date hereof, the adoption of, or any change in or in the interpretation, application or administration of, or compliance with, any Requirement of Law from any Governmental Authority regarding capital adequacy, reserves, special deposits, compulsory loans, insurance charges against property of, deposits with or for the account of, Obligations owing to, or other credit extended or participated in by, the Agent or such Lender or any similar requirement shall have the effect of reducing the rate of return on the capital of the Agent or such Lender (or any Person controlling the Agent or such Lender) as a consequence of its obligations under or with respect to any Loan Document to a level below that which, taking into account the capital adequacy policies of the Agent, such Lender or Person, the Agent, such Lender or Person could have achieved but for such adoption or change, then, upon demand from time to time by the Agent, the Borrower shall pay to the Agent amounts sufficient to compensate the Agent, such Lender or Person for such reduction.

Appears in 3 contracts

Samples: Loan and Security Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services Inc)

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Increased Capital Requirements. If at any time the Agent or any Lender determines that, after the date hereof, the adoption of, or any change in or in the interpretation, application or administration of, or compliance with, any Requirement of Law from any Governmental Authority Entity regarding capital adequacy, reserves, special deposits, compulsory loans, insurance charges against property of, deposits with or for the account of, Obligations owing to, or other credit extended or participated in by, the Agent or such any Lender or any similar requirement shall have the effect of reducing the rate of return on the capital of the Agent or such Lender Lenders (or any Person corporation controlling the Agent or such Lender) as a consequence of its obligations under or with respect to any Loan Transaction Document to a level below that which, taking into account the capital adequacy policies of the Agentsuch Lender, such Lender or Person, the Agent, such Lender or Person could have achieved but for such adoption or change, then, upon demand from time to time by such Lender (with a copy of such demand to the Agent), the Borrower Company shall pay to the Agent for the account of such Lender amounts sufficient to compensate the Agent, such Lender or Person for such reduction.

Appears in 1 contract

Samples: Loan and Security Agreement (Iconix Brand Group, Inc.)

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Increased Capital Requirements. If at any time the Agent or any Lender determines that, after the date hereof, the adoption of, or any change in or in the interpretation, application or administration of, or compliance with, any Requirement of Law from any Governmental Authority regarding capital adequacy, reserves, special deposits, compulsory loans, insurance charges against property of, deposits with or for the account of, Obligations owing to, or other credit extended or participated in by, the Agent or such by any Lender or any similar requirement shall have the effect of reducing the rate of return on the capital of the Agent or such Lender Lender’s (or any Person corporation controlling the Agent or such Lender) as a consequence of its obligations under or with respect to any Loan Document to a level below that which, taking into account the capital adequacy policies of the Agentsuch Lender or corporation, such Lender or Person, the Agent, such Lender or Person corporation could have achieved but for such adoption or change, then, upon demand from time to time by such Lender (with a copy of such demand to the Administrative Agent), the Borrower shall pay to the Administrative Agent for the account of such Lender amounts sufficient to compensate the Agent, such Lender or Person for such reduction.

Appears in 1 contract

Samples: Credit Agreement (Beacon Roofing Supply Inc)

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