Common use of Increased Costs and Reduced Return Clause in Contracts

Increased Costs and Reduced Return. (a) If any Change in Law shall (i) subject any Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) with respect to this Agreement or any Loan made by such Lender or any Letter of Credit issued by the L/C Issuer, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient or (iii) impose on such Recipient any other condition, cost or expense (other than Taxes) regarding this Agreement or any Loan or Letter of Credit, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Recipient of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, or agreeing to make any Loan or issue, guaranty or participate in any Letter of Credit, or to reduce any amount received or receivable by such Recipient hereunder, then, upon demand by such Recipient, the Borrowers shall pay to such Recipient such additional amounts as will compensate such Secured Party for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If any Lender shall have determined that any Change in Law shall (i) subject such Lender, or any Recipient Person controlling such Lender, to any Taxes (tax, duty or other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) charge with respect to this Agreement or any Loan made by such Lender, or change the basis of taxation of payments to such Lender or any Letter Person controlling such Lender of Credit issued by any amounts payable hereunder (except for taxes on the L/C Issueroverall net income of such Lender or any Person controlling such Lender), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient Lender or any Person controlling such Lender, or (iii) impose on such Recipient Lender or any Person controlling such Lender any other condition, cost or expense (other than Taxes) condition regarding this Agreement or any Loan or Letter of CreditLoan, and the result of any event referred to in clauses clause (i), (ii) or (iii) above shall be to increase the cost to such Recipient Lender of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, Loan or agreeing to make any Loan or issue, guaranty or participate in any Letter of CreditLoan, or to reduce any amount received or receivable by such Recipient Lender hereunder, then, upon demand by such RecipientLender, the Borrowers Borrower shall pay to such Recipient Lender such additional amounts as will compensate such Secured Party Lender for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If the Lender shall have determined that any Change in Law shall (i) subject any Recipient the Lender to any Taxes with respect to this Agreement or any Loan made by the Lender (other than Taxes that are (A) Indemnified Taxes, (B) Taxes described in any of clauses (b) through (df) of the definition of Excluded Taxes and or (C) Connection Income Taxes) with respect to this Agreement on its loans, loan principal, commitments, or any Loan made by such Lender other obligations, or any Letter of Credit issued by the L/C Issuerits deposits, reserves, other liabilities or capital attributable thereto, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient the Lender or any Person controlling the Lender or (iii) impose on such Recipient the Lender or any Person controlling the Lender any other condition, cost or expense (other than Taxes) condition regarding this Agreement or any Loan or Letter of CreditLoan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Recipient the Lender of making or maintaining any Loan, issuing, guaranteeing or participating in any Letter of Credit, or agreeing to make any Loan or issue, guaranty or participate in any Letter of CreditLoan, or to reduce any amount received or receivable by such Recipient the Lender for making or maintaining any Loan, or agreeing to make any Loan, or to reduce any amount received or receivable by the Lender hereunder, then, upon demand by such Recipientthe Lender, the Borrowers Parent shall pay to such Recipient the Lender such additional amounts as will compensate such Secured Party the Lender for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If any Lender shall have determined that any Change in Law shall (i) subject such Lender, or any Recipient Person controlling such Lender to any Taxes (tax, duty or other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) charge with respect to this Agreement or any Loan made by such Lender, or change the basis of taxation of payments to such Lender or any Letter Person controlling such Lender of Credit issued by any amounts payable hereunder (except for taxes on the L/C Issueroverall net income of such Lender or any Person controlling such Lender), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient Lender or any Person controlling such Lender or (iii) impose on such Recipient Lender or any Person controlling such Lender any other condition, cost or expense (other than Taxes) condition regarding this Agreement or any Loan or Letter of CreditLoan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Recipient Lender of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, Loan or agreeing to make any Loan or issue, guaranty or participate in any Letter of CreditLoan, or to reduce any amount received or receivable by such Recipient Lender hereunder, then, upon demand by such RecipientLender, the Borrowers Borrower shall pay to such Recipient Lender such additional amounts as will compensate such Secured Party Lender for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If any Change in Law shall (i) subject any Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) with respect to this Agreement or any Loan made by such Lender or any Letter of Credit issued by the L/C IssuerLender, (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit Loan or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient or (iii) impose on such Recipient any other condition, cost or expense (other than Taxes) regarding this Agreement or any Loan or Letter of CreditLoan, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Recipient of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, or agreeing to make any Loan or issue, guaranty or participate in any Letter of CreditLoan, or to reduce any amount received or receivable by such Recipient hereunder, then, upon demand by such Recipient, the Borrowers shall pay to such Recipient such additional amounts as will compensate such Secured Party for such increased costs or reductions in amount.

Increased Costs and Reduced Return. (a) If the Agent shall have determined that the adoption or implementation of, or any Change change in, any law, rule, treaty or regulation, or any policy, guideline or directive of, or any change in Law the interpretation or administration thereof by, any court, central bank or other administrative or -26- 27 governmental authority, or the compliance by any Bank or any lending office of any Bank with any directive of or guideline from any central bank or other governmental authority or the introduction of or change in any accounting principles applicable to any Bank or any lending office of any Bank (in each case, whether or not having the force of law), shall (i) subject any Recipient change the basis of taxation of payments to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) with respect to this Agreement Bank or any Loan made by such Lender lending office of any Bank of any amounts payable hereunder (except for taxes on the overall income of any Bank or any Letter lending office of Credit issued by the L/C Issuerany Bank), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Loan or Letter of Credit or against assets of or held by, or deposits with or for the account of, or credit extended by, such Recipient any Bank or any lending office of any Bank, or (iii) impose on such Recipient any Bank or any lending office of any Bank any other condition, cost or expense (other than Taxes) condition regarding this Agreement or any Loan or Letter of CreditAgreement, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Recipient any Bank or any lending office of any Bank of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, or agreeing maintaining its Commitment to make any Loan or issue, guaranty or participate participating in any Letter of Credit, or to reduce any amount received or receivable by such Recipient any Bank hereunder, then, upon demand by such RecipientBank, the Borrowers Borrower shall pay to such Recipient Bank such additional amounts as will compensate such Secured Party Bank for such increased costs or reductions in amount, together with interest on such additional amounts calculated from the date such costs or reductions are incurred.