Common use of Increased Costs and Reduced Return Clause in Contracts

Increased Costs and Reduced Return. (a) If any Lender or any Agent shall have determined that any Change in Law shall (i) subject such Agent or such Lender, or any Person controlling such Agent or such Lender to any tax, duty or other charge with respect to this Agreement or any Loan made by such Agent or such Lender, or change the basis of taxation of payments to such Agent or such Lender or any Person controlling such Agent or such Lender of any amounts payable hereunder (except for taxes on the overall net income of such Agent or such Lender or any Person controlling such Agent or such Lender), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Agent or such Lender or any Person controlling such Agent or such Lender or (iii) impose on such Agent or such Lender or any Person controlling such Agent or such Lender any other condition regarding this Agreement or any Loan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent or such Lender of making any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by such Agent or such Lender hereunder, then, upon demand by such Agent or such Lender, the Borrowers shall pay to such Agent or such Lender such additional amounts as will compensate such Agent or such Lender for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If any Lender or any Agent shall have determined that any a Change in Law Law, shall (i) subject such Agent or such Lender, or any Person controlling such Agent or such Lender Lender, to any taxTaxes (other than (A) Indemnified Taxes, duty (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) on its loans, loan principal, letters of credit, commitments, or other charge with respect to this Agreement or any Loan made by such Agent or such Lenderobligations, or change the basis of taxation of payments to such Agent its deposits, reserves, other liabilities or such Lender or any Person controlling such Agent or such Lender of any amounts payable hereunder (except for taxes on the overall net income of such Agent or such Lender or any Person controlling such Agent or such Lender)capital attributable thereto, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Agent or such Lender or any Person controlling such Agent or such Lender or (iii) impose on such Agent or such Lender or any Person controlling such Agent or such Lender any other condition regarding this Agreement or any Loan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent or such Lender of making any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by such Agent or such Lender hereunder, then, upon demand within twenty (20) days after receipt by the Administrative Borrower from such Agent or such LenderLender of the certificate required under Section 4.05(c), the Borrowers shall pay to such Agent or such Lender such additional amounts as will compensate such Agent or such Lender for such increased costs or reductions in amountamounts received or receivable.

Increased Costs and Reduced Return. (a) If any Lender Agent or any Agent Lender shall have determined that any Change in Law shall (i) subject such Agent or such Lender, or any Person controlling such Agent or such Lender Lender, to any tax, duty or other charge with respect to this Agreement or any Loan made by such Agent or such Lender, or change the basis of taxation of payments to such Agent or such Lender Lender, or any Person controlling such Agent or such Lender Lender, of any amounts payable hereunder (except for taxes on the overall net income of such Agent or such Lender Lender, or any Person controlling such Agent or such Lender), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan or against any assets of or held by, or deposits with or for the account of, or credit extended by, such Agent or such Lender Lender, or any Person controlling such Agent or such Lender Lender, or (iii) impose on such Agent or such Lender Lender, or any Person controlling such Agent or such Lender Lender, any other condition regarding this Agreement or any Loan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent or such Lender of making any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by such Agent or such Lender hereunder, then, upon demand by such Agent or -52- such Lender, the Borrowers shall pay to such Agent or such Lender such additional amounts as will compensate such Agent or such Lender Lender, or any Person controlling such Agent or such Lender, for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If any Lender or any Agent shall have determined that any a Change in Law Law, shall (i) subject such Agent or such Lender, or any Person controlling such Agent or such Lender Lender, to any taxTaxes (other than (A) Indemnified Taxes, duty (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) on its loans, loan principal, letters of credit, commitments, or other charge with respect to this Agreement or any Loan made by such Agent or such Lenderobligations, or change the basis of taxation of payments to such Agent its deposits, reserves, other liabilities or such Lender or any Person controlling such Agent or such Lender of any amounts payable hereunder (except for taxes on the overall net income of such Agent or such Lender or any Person controlling such Agent or such Lender)capital attributable thereto, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Agent or such Lender or any Person controlling such Agent or such Lender or (iii) impose on such Agent or such Lender or any Person controlling such Agent or such Lender any other condition regarding this Agreement or any Loan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent or such Lender of making any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by such Agent or such Lender hereunder, then, upon demand within twenty (20) days after receipt by the Administrative Borrower from such Agent or such LenderLender (with a copy to the Administrative Agent) of the certificate required under Section 4.05(c), the Borrowers shall pay to such Agent or such Lender such additional amounts as will compensate such Agent or such Lender for such increased costs or reductions in amountamounts received or receivable.

Increased Costs and Reduced Return. (a) If any Lender or any Agent shall have determined that any a Change in Law Law, shall (i) subject such Agent or such Lender, or any Person controlling such Agent or such Lender Lender, to any taxTaxes (other than (A) Indemnified Taxes, duty (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (A) Connection Income Taxes) on its loans, loan principal, letters of credit, commitments, or other charge with respect to this Agreement or any Loan made by such Agent or such Lenderobligations, or change the basis of taxation of payments to such Agent its deposits, reserves, other liabilities or such Lender or any Person controlling such Agent or such Lender of any amounts payable hereunder (except for taxes on the overall net income of such Agent or such Lender or any Person controlling such Agent or such Lender)capital attributable thereto, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Agent or such Lender or any Person controlling such Agent or such Lender or (iii) impose on such Agent or such Lender or any Person controlling such Agent or such Lender any other condition regarding this Agreement or any Loan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent or such Lender of making any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by such Agent or such Lender hereunder, then, upon demand within twenty (20) days after receipt by the Administrative Borrower from such Agent or such LenderLender of the certificate required under Section 4.05(c), the Borrowers shall pay to such Agent or such Lender such additional amounts as will compensate such Agent or such Lender for such increased costs or reductions in amountamounts received or receivable.