Increased Costs; Increased Capital. (a) If, after the date hereof due to either (i) the introduction of or any change in or to the interpretation of any law, rule or regulation by the governmental authority that promulgated or administers compliance with such law, rule or regulation (other than laws, rules or regulations with respect to income taxes or any change by way of imposition or increase of reserve requirements included in the Eurodollar Reserve Requirements) or (ii) the compliance with any guideline or request from any central bank or other fiscal, monetary or governmental authority, rating agency or similar agency (whether or not having the force of law), and otherwise in connection with any Purchaser's asset-supported financing business, any reserve or deposit or similar requirement shall be imposed, modified or deemed applicable or, any basis of taxation shall be changed or any other condition shall be imposed, and as a result thereof, there shall be any increase in the cost to any Affected Person (whether incurred directly or indirectly) of making, funding, or maintaining the Invested Amount outstanding under, the VFC Certificates or in the cost to any Affected Person of agreeing to make, fund, or maintain any Invested Amount outstanding under, the VFC Certificates, then, in any such case, the Company shall from time to time, upon demand by any such Affected Person, by the submission of the certificate described below, pay to such Affected Person (as a third-party beneficiary, in the case of an Affected Person which is not a party hereto or an assignee thereof), additional amounts sufficient to compensate such Affected Person for such increased cost. In determining such amount, such Affected Person may use any reasonable averaging and attribution methods, consistent with the averaging and attribution methods generally used by such Affected Person in determining amounts of this type. A certificate submitted to the Company and the Agent by the relevant Affected Person (or by the Agent on behalf of any Purchaser), setting forth in reasonable detail the calculation of the amount of such increased cost and describing the averaging and attribution methods used in determining such amount, shall be conclusive and binding for all purposes, absent manifest error.
Increased Costs; Increased Capital. (a) In the event that any Lender shall have reasonably determined that any Regulatory Change shall:
Increased Costs; Increased Capital. In the event that the Lender ---------------------------------- determines that compliance with any United States (including any state, political subdivision, territory or possession thereof) or foreign law, regulation, treaty, directive or guideline, currently or hereafter in effect, or the interpretation or application thereof, or the compliance with any request, guideline or directive (whether or not having the force of law) from any United States or foreign central bank or any other Governmental Authority:
Increased Costs; Increased Capital. (a) If, due to either (i) the introduction after the date hereof of, or any change after the date hereof in or in the interpretation of, any law or regulation or (ii) the compliance with any guideline or request received from any central bank or other governmental authority after the date hereof (whether or not having the force of law), there shall be any increase in the cost to Bank of agreeing to make or making, funding or maintaining Credit Extensions (other than as a result of an increased capital requirement), then Borrower shall from time to time, upon demand by Bank, pay to Bank additional amounts sufficient to compensate Bank for such increased cost. Increased costs shall not include income, stamp or other taxes, imposts, duties, charges, fees, deductions or withholdings imposed, levied, collected, withheld or assessed by the United States of America or any political subdivision or taxing authority thereof or therein (including Puerto Rico). Bank agrees that, upon the occurrence of any event giving rise to a demand under this Section 12.2(a), it will, to the extent permitted by law or the relevant governmental authority, endeavor in good faith and consistent with its internal policies to avoid or minimize the increase in costs resulting from such event. A certificate as to the amount of and specifying in reasonable detail the basis for such increased cost, submitted to Borrower by Bank, shall constitute such demand.
Increased Costs; Increased Capital. (a) If the Bank determines that compliance with any law or regulation or any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law) issued after the Closing Date affects or would affect the amount of capital required or expected to be maintained by the Bank or any corporation controlling the Bank and that the amount of such capital is increased by or based upon the existence of the Bank’s Commitment hereunder and other commitments of this type, then, within fifteen (15) Business Days after written demand by the Bank, the Borrower shall pay to the Bank, from time to time as specified by the Bank, additional amounts sufficient to compensate the Bank or such corporation for such increase. A certificate as to such amounts, showing a calculation of such amounts in reasonable detail, submitted to the Borrower by the Bank shall be presumptive evidence of such amounts.
Increased Costs; Increased Capital. (a) If, due to either (i) the introduction after the date hereof of or any change after the date hereof (other than any change by way of imposition or increase of reserve requirements, in the case of Adjusted CD Rate Advances, included in the determination of the Domestic Reserve Percentage for such Advances or, in the case of Eurodollar Rate Advances, included in the determination of the Eurodollar Rate Reserve Percentage for such Advances) in or in the interpretation of any law or regulation or (ii) the compliance with any guideline or request received from any central bank or other governmental authority after the date hereof (whether or not having the force of law), there shall be any increase in the cost to any Bank of agreeing to make or making, funding or maintaining Adjusted CD Rate Advances or Eurodollar Rate Advances, then the Borrower shall from time to time, upon demand by such Bank (with a copy of such demand to the Administrative Agent), pay to the Administrative Agent for the account of such Bank additional amounts sufficient to compensate such Bank for such increased cost. Increased costs shall not include income, stamp or other taxes, imposts, duties, charges, fees, deductions or withholdings imposed, levied, collected, withheld or assessed by the United States of America or any political subdivision or taxing
Increased Costs; Increased Capital. 16 SECTION 2.11 Additional Interest on Eurodollar Rate Advances. . 17 SECTION 2.12 Change in Legality . . . . . . . . . . . . . . . . 17 SECTION 2.13 Payments and Computations . . . . . . . . . . . . . 17 SECTION 2.14 Taxes on Payments . . . . . . . . . . . . . . . . . 18 SECTION 2.15 Sharing of Payments, Etc . . . . . . . . . . . . . 20 SECTION 2.16 Removal of a Bank . . . . . . . . . . . . . . . . . 20
Increased Costs; Increased Capital. 27 SECTION 6.12 Liquidity Surety Bond Assignment Obligation..................................29 ARTICLE VII MISCELLANEOUS
Increased Costs; Increased Capital. (a) If, after the date hereof due to either (i) the introduction of or any change in or to the interpretation of any law or regulation by the governmental authority that promulgated or administers compliance with such law or regulation (other than laws or regulations with respect to income taxes) or (ii) the compliance with any guideline or request from any state insurance regulator or other governmental authority, rating agency or similar agency (whether or not having the force of law), and taking into account the Surety Provider's obligations under the other Transaction Documents, any reserve or similar requirement shall be imposed, modified or deemed applicable or, any basis of taxation shall be changed or any other condition shall be imposed, and there shall be any increase in the cost to the Surety Provider of issuing or maintaining the Surety Bonds or of entering into or performing its obligations under this Agreement (including the reduction of any premium, fee or other sum received or receivable hereunder), then Charter shall from time to time, upon demand by the Surety Provider by the submission of the certificate described below, pay to the Surety Provider additional amounts sufficient to compensate it for such increased cost. A certificate setting forth in reasonable detail the amount of such increased cost submitted to Charter by the Surety Provider shall be conclusive and binding for all purposes, absent manifest error.
Increased Costs; Increased Capital. 17 SECTION 2.12 Additional Interest on Eurodollar Rate Advances.......18 SECTION 2.13 Change in Legality....................................19 SECTION 2.14
