Increased Costs Capital Adequacy Funding Exceptions. If a Related Lender (as defined below) determines at any time that its Return (as defined below) has been reduced as a result of any Rule Change, such Lender may so notify the Borrower and require the Borrower, beginning fifteen (15) days after such notice, to pay it the amount necessary to restore its Return to what it would have been had there been no Rule Change. For purposes of this Section 2.3:
Appears in 3 contracts
Samples: And Security Agreement (Hc2 Holdings, Inc.), Security Agreement and Fixture Filing (HC2 Holdings, Inc.), Credit and Security Agreement (Schuff International Inc)
Increased Costs Capital Adequacy Funding Exceptions. If a Related the Lender (as defined below) determines at any time that its Return (as defined below) has been reduced as a result of any Rule Change, such the Lender may so notify the Borrower and require the Borrower, beginning fifteen (15) days after such notice, to pay it the amount necessary to restore its Return to what it would have been had there been no Rule Change. For purposes of this Section 2.3:
Appears in 2 contracts
Samples: Credit and Security Agreement (Metretek Technologies Inc), Credit and Security Agreement (Metretek Technologies Inc)
Increased Costs Capital Adequacy Funding Exceptions. If a Related Lender (as defined below) determines at any time that its Return (as defined below) has been reduced as a result of any Rule Change, such Related Lender may so notify the Borrower and require the Borrower, beginning fifteen (15) days after such notice, to pay it the amount necessary to restore its Return to what it would have been had there been no Rule Change. For purposes of this Section 2.32.11:
Appears in 1 contract
Samples: Credit and Security Agreement (Schuff Acquisition Corp.)
Increased Costs Capital Adequacy Funding Exceptions. If a Related the Lender (as defined below) determines at any time that its Return (as defined below) has been reduced as a result of any Rule Change, such the Lender may so notify the Borrower and may, on a nondiscriminatory basis vis a vis other similarly situated borrowers, require the Borrower, beginning fifteen (15) days after such notice, to pay it the amount necessary to restore its Return to what it would have been had there been no Rule Change. For purposes of this Section 2.3:
Appears in 1 contract
Increased Costs Capital Adequacy Funding Exceptions. If a Related the Lender (as defined below) determines at any time that its Return (as defined below) has been reduced as a result of any Rule Change, such Lender may so notify the Borrower and require the Borrower, beginning fifteen (15) days after such notice, to pay it the amount necessary to restore its Return to what it would have been had there been no Rule Change. For purposes of this Section 2.32.4:
Appears in 1 contract
Samples: Credit and Security Agreement (Bionova Holding Corp)
