Increased Cost Capital Adequacy. (a) If any Lender determines that as a result of the introduction of or any change in or in the interpretation of any Law, or such Lender’s compliance therewith, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining Eurodollar Rate Loans or a reduction in the amount received or receivable by such Lender in connection with any of the foregoing (excluding for purposes of this subsection (a) any such increased costs or reduction in amount resulting from (i) Taxes or Other Taxes (as to which Section 3.01 shall govern), (ii) changes in the basis of taxation of overall net income or overall gross income by the United States or any foreign jurisdiction or any political subdivision of either thereof under the Laws of which such Lender is organized or has its Lending Office, and (iii) reserve requirements utilized in the determination of the Eurodollar Rate), then from time to time within thirty days after the Borrower’s receipt of demand from such Lender (with a copy to the Administrative Agent), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such increased cost or reduction.
(b) If any Lender determines that the introduction of any Law regarding capital adequacy or any change therein or in the interpretation thereof, or compliance by such Lender (or its Lending Office) therewith, has the effect of reducing the rate of return on the capital of such Lender or any corporation controlling such Lender as a consequence of such Lender’s obligations hereunder (taking into consideration its policies with respect to capital adequacy and such Lender’s desired return on capital), then from time to time within thirty days after the Borrower’s receipt of demand from such Lender (with a copy to the Administrative Agent), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such reduction.
(c) Notwithstanding anything herein to the contrary, the Borrower shall not be obligated to compensate any Lender for any amount owing under this Section 3.04 if such Lender fails to notify the Borrower thereof within 180 days after the date on which such Lender knew (or, in the exercise of reasonable diligence, should have known) of the circumstances giving rise to such right of compensation (provided that, if the event giving rise to such compensation is retroactive, then the 180-day period referred to above shall be extended to include the peri...
Increased Cost Capital Adequacy. (a) If at any time:
(i) the introduction of, or any change (including any change by way of imposition or increase of any reserve requirements or a capital tax) in, or in the interpretation or administration of, any applicable law by any court, central bank, other governmental authority or self-regulating or governing body (including, for greater certainty, the Office of the Superintendent of Financial Institutions Canada, the Board of Governors of the United States Federal Reserve System or any other body or entity governing accounting treatment or reserve requirements) (in this Section 8.3, an “Authority”), in each case made after the date hereof;
(ii) the compliance by an Affected Party with any changed or introduce guideline, direction or request, or any change in the interpretation or administration thereof, made after the date hereof from or by any Authority (whether or not having the force of law); or
(iii) any Affected Party is required to post or allocate additional capital or the maintenance or allocation of capital by any Affected Party is otherwise affected by any of the following, to or from that which is maintained by any such Affected Party, pursuant to any legal or regulatory requirement, request, direction or guideline, or change in the interpretation or administration thereof (including with respect to reserve, deposit, capital adequacy, capital allocation or similar requirements) made after the date hereof (or, in the case of The Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act adopted by the United States Congress on July 21, 2010 or the Bank for International Settlements or the Basel Committee on Banking Regulations and Supervisory Practices (or any successor or similar authority to any of them), any law, regulation, direction or guideline thereof or thereunder or enacted thereby or pursuant to the terms thereof, regardless of the date adopted, enacted or issued), from or by any Authority; and any such change or effect is determined by the Affected Party to be due to, related to or as a result of the Affected Party's direct or indirect obligations under or related to this Agreement and any such change or effect has the effect of:
(iv) (A) increasing the costs or expenses of any Affected Party (including as a result of a change in the Affected Party's capital position), (B) reducing the rate of return (on capital or otherwise) to any Affected Party in connection with, or as a result of any Affected Party either having to raise a...
Increased Cost Capital Adequacy. 120122 Section 3.05. Compensation for Losses 122124 Section 3.06. Mitigation Obligations; Replacement of Lenders 122125 Section 3.07. Survival Losses 124126 ARTICLE 4 GUARANTY Section 4.01. The Guaranty 124126 Section 4.02. Obligations Unconditional 124127 Section 4.03. Reinstatement 125128 Section 4.04. Certain Waivers 125128 Section 4.05. Remedies 126128 Section 4.06.
Increased Cost Capital Adequacy
