Common use of Increased Capital Clause in Contracts

Increased Capital. If either (a) the introduction of or any change in or in the interpretation of any law or regulation after the Closing Date or (b) compliance by Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) made or issued after the Closing Date affects or would affect the amount of capital required or expected to be maintained by Lender or any corporation controlling Lender, and Lender determines that the amount of such capital is increased by or based upon the existence of Lender’s obligations under the Loan, then, upon demand by Lender, Borrower shall immediately pay to Lender, from time to time as specified by Lender, additional amounts sufficient to compensate Lender in the light of such circumstances, to the extent that Lender reasonably determines such increase in capital to be allocable to the existence of Lender’s obligations under the Loan; provided, however, that Lender may not claim under this Section 2.5 any such additional amount attributable to any period preceding the date that is ninety (90) days prior to the date of its demand. A certificate as to such amounts submitted to Borrower by Lender shall, in the absence of manifest error, be conclusive and binding for all purposes.

Increased Capital. If either after the date hereof any Lender determines that (ai) the introduction adoption or implementation of or any change in or in the interpretation or administration of any law or regulation after the Closing Date or (b) compliance by Lender with any guideline or request from any central bank or other Governmental Authority exercising jurisdiction, power or control over any Lender (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) made or issued after the Closing Date law), compliance with which affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling Lender, such Lender and Lender determines that (ii) the amount of such capital is increased by or based upon the making or maintenance by any Lender of its Loans or other advances made hereunder or the existence of any Lender’s obligations under the Loanobligation to make Loans, then, in any such case, upon written demand by Lendersuch Lender (with a copy of such demand to the Administrative Agent), Borrower shall immediately the Borrowers agree to pay to Lenderthe Administrative Agent for the account of such Lender within ten (10) Business Days of written demand therefor, from time to time as specified by such Lender, additional amounts sufficient to compensate such Lender or such corporation therefor. Such demand shall be accompanied by a statement certifying in reasonable detail as to the light amount of such circumstances, to compensation and include a brief summary of the extent that Lender reasonably determines basis for such increase in capital to be allocable to the existence of Lender’s obligations under the Loan; provided, however, that Lender may not claim under this Section 2.5 any such additional amount attributable to any period preceding the date that is ninety (90) days prior to the date of its demand. A certificate as to such amounts submitted to Borrower by Lender shallSuch statement shall be conclusive and binding for all purposes, in the absence of manifest error, be conclusive and binding for all purposes.

Increased Capital. If either (ai) the introduction of or any change in or in the interpretation of any law Law or regulation after the Closing Date or (bii) compliance by the Lender with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law and whether or not the failure to comply therewith would be unlawful) made or issued after the Closing Date affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation controlling Lender, the Lender and the Lender determines that the amount of such capital is increased by or based upon the existence of the Lender’s obligations under 's commitment to make Equipment Line of Credit/Term Loans and other commitments of this type or upon the Loanexistence of letters of credit (or similar contingent obligations), then, upon demand by the Lender, the Borrower shall immediately pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender in the light of such circumstances, to the extent that the Lender reasonably determines such increase in capital to be allocable to the existence of the Lender’s obligations under 's commitment to fund the Loan; provided, however, that Lender may not claim under this Section 2.5 any such additional amount attributable to any period preceding the date that is ninety (90) days prior to the date Equipment Line of its demandCredit/Term Loan Facility. A certificate as to such amounts submitted to the Borrower by Lender the Lender, shall, in the absence of manifest error, be conclusive and binding for all purposes.