Common use of Increased Costs, Break Amount, Additional Interest, Taxes, Etc Clause in Contracts

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SWN604SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SWN604SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SWN603SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SWN603SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SWN396SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SWN396SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the TRUST INDENTURE AND SECURITY AGREEMENT [N396SW] -64- 71 Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SWN397SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SWN397SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the TRUST INDENTURE AND SECURITY AGREEMENT [N397SW] -64- 71 Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.

Increased Costs, Break Amount, Additional Interest, Taxes, Etc. (a) If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements which are provided for in subsection (c), below) after the Delivery Date in any law or regulation or in the interpretation thereof by any government or central bank or other governmental department, agency, board, service or governmental body charged with responsibility for the administration or interpretation thereof or (ii) the compliance with any guideline or request made after the Delivery Date by any government or central bank or other governmental department, agency, board, service or other governmental body (whether or not having the force of law), there shall be any increase in the cost to, or any reduction of the rate of return on assets or equity of, any Holder (or any of its Affiliates) of the Series SWA 1995 Trust N605SWN602SW-I Certificate of agreeing to make or making, funding or maintaining the loan evidenced by its Series SWA 1995 Trust N605SWN602SW-I Certificate in respect of (x) any period as to which the applicable Debt Rate is determined by reference to the Offshore Rate and (y) capital adequacy requirements, then the Owner Trustee shall from time to time pay to such Holder such amount as shall be necessary to reimburse such Holder for such increase in cost within 10 Business Days after delivery to the Owner Trustee, the Indenture Trustee and the Company of a certificate of an officer of such Holder setting forth in reasonable detail the event by reason of which it claims such increase in cost and the basis for the determination of the amount of such increase in cost; provided, however, that the Original Holder shall not be entitled to assert any claim under this subsection 15.05(a) in respect of taxes (including Taxes (as defined in the Participation Agreement) and the taxes referred to in subsections (d) and (e) of this Section 15.05). Such certificate shall, in the absence of manifest error, be binding and conclusive. Such Holder shall notify the Owner Trustee, the Indenture Trustee and the Company as soon as possible of the occurrence of any event by reason of which it is entitled to make a claim as described in this subsection (a), but the failure to give such notice shall not affect the obligations of the Owner Trustee hereunder.