Common use of Loss of Margin Clause in Contracts

Loss of Margin. In the event that any Law or the interpretation or application thereof by any Official Body or the compliance with any guideline or request of any central bank or other Official Body (whether or not having the force of Law): (a) subjects the Lender to any tax with respect to any amounts payable under this Agreement, the Note or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement, the Note or the other Loan Documents (except for taxes on the overall taxable income of the Lender imposed by the United States of America or any political subdivision thereof), or (b) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance or similar requirement against assets held by, or deposits in or for the account of, or Loans or advances or commitment to make Loans or advances by the Lender, or (c) imposes upon the Lender any other condition with respect to the Loans or the commitment to make Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of the Lender, reduce the income receivable by or return on equity of the Lender or impose any material expense upon the Lender with respect to any Loans or commitments to make Loans under this Agreement, the Lender shall so notify the Borrower in writing. The Borrower agrees to pay the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or additional expense within ten (10) days after presentation by the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or additional expense. Such statement shall set forth a brief explanation of the amount and the Lender’s calculation of the amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten (10) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(d) hereof from the due date until paid (before and after judgment).

Loss of Margin. In the event that any Law law, regulation, treaty or official directive or the interpretation or application thereof by any Official Body or the compliance with any guideline or request of any central bank or other Official Body (whether or not having the force of Lawlaw): (ai) subjects the Lender to any tax with respect to any amounts payable under this Agreement, the Note Notes or the other Loan Documents by the Borrower Borrowers or otherwise with respect to the transactions contemplated under this Agreement, the Note Notes or the other Loan Documents (except for taxes on the overall taxable net income of the Lender imposed by the United States of America America, any foreign government or any political subdivision thereofof any of them), or (bii) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance or similar requirement against assets held by, or deposits in or for the account of, or Loans loans or advances or commitment to make Loans loans or advances by by, or letters of credit issued or commitment to issue letters of credit by, the Lender, or (ciii) imposes upon the Lender any other condition with respect to the Loans or the commitment to make Loans made under this Agreement, and the result of any of the foregoing is to materially increase the costs of the Lender, reduce the income receivable by or return on equity of the Lender or impose any material expense upon the Lender with respect to any Loans or commitments to make Loans under this Agreement, the Lender shall so notify the Borrower Borrowers in writing. The Borrower agrees Borrowers agree to pay the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or additional expense within ten (10) days after presentation by the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or additional expense. Such statement shall set forth a brief explanation of the amount and the Lender’s 's calculation of the amountamount (in determining such amount the Lender may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten (10) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(dPrime Rate plus three percent (3.0%) hereof per year (computed for the actual number of days elapsed on the basis of a year of 360 days) from the due date until paid (before and after judgment).

Loss of Margin. In the event that any Law present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any Official Body central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank bank, monetary authority or other Official Body governmental authority (whether or not having the force of Lawlaw): (ai) subjects any Lender, the Lender Administrative Agent or the Collateral Agent to any tax with respect to any amounts payable under this Agreement, the Note Agreement or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement, the Note Agreement or the other Loan Documents (except for taxes on the overall taxable net income of the such Lender imposed by the United States of America U.S. or any political subdivision thereof), ; or (bii) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance maintenance, capital adequacy, or similar requirement against assets held by, or deposits in or for the account of, or Loans loans or advances or commitment to make Loans loans or advances by, or letters of credit issued or commitment to issue letters of credit by the any Lender, ; or (ciii) imposes upon the any Lender any other condition with respect to the Loans extensions of credit or the commitment to make Loans extensions of credit under this Agreement, and the result of any of the foregoing is to materially increase the costs of the such Lender, reduce the income receivable by or return on equity of the such Lender or impose any material expense upon the such Lender with respect in each case related to any Loans extensions of credit made by such Lender or commitments by such Lender to make Loans extensions of credit under this Agreement, the such Lender shall so notify the Borrower in writing. The Borrower agrees to pay the such Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense within ten (10) days after presentation by the such Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and the such Lender’s calculation of the amountamount (in determining such amount such Lender may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten twenty (1020) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(d) hereof Default Rate from the due date until paid (paid, both before and after judgment).

Loss of Margin. In the event that any Law or the interpretation or application thereof by any Official Body or the compliance with any guideline or request of any central bank or other Official Body (whether or not having the force of Law): (a) subjects the Lender Bank to any tax with respect to any amounts payable under this Agreement, the Note Notes or the other Loan Documents by the Borrower Borrowers or otherwise with respect to the transactions contemplated under this Agreement, the Note Notes or the other Loan Documents (except for taxes on the overall taxable net income of the Lender Bank imposed by the United States of America or any political subdivision thereof), or (b) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance or similar requirement against assets held by, or deposits in or for the account of, or Loans or advances or commitment to make Loans or advances by the LenderBank, or (c) imposes upon the Lender Bank any other condition with respect to the Loans or the commitment to make Loans made under this Agreement, and the result of any of the foregoing is to materially increase the costs of the LenderBank, reduce the income receivable by or return on equity of the Lender Bank or impose any material expense upon the Lender Bank with respect to any Loans Loan or commitments to make Loans any Loan under this Agreement, the Lender Bank shall so notify the Borrower Borrowers in writing. The Borrower agrees Borrowers agree to pay the Lender Bank the actual amount of any such increase in cost, reduction in income, reduced return on equity or additional expense within ten (10) days after presentation by the Lender Bank of a statement concerning such increase in cost, reduction in income, reduced return on equity or additional expense. Such statement shall set forth a brief explanation of the amount and the LenderBank’s calculation of the amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten (10) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(d) hereof Default Rate from the due date until paid (before and after judgment).

Loss of Margin. In the event that any Law or the interpretation or application thereof by any Official Body or the compliance with any guideline or request of any central bank or other Official Body (whether or not having the force of Law): (a) subjects the Lender to any tax with respect to any amounts payable under this Agreement, the Note Notes or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement, the Note Notes or the other Loan Documents (except for taxes on the overall taxable net income of the Lender imposed by the United States of America or any political subdivision thereof), or (b) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance or similar requirement against assets held by, or deposits in or for the account of, or Loans or advances or commitment to make Loans or advances by the Lender, or (c) imposes upon the Lender any other condition with respect to the Loans or the commitment to make Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of the Lender, reduce the income receivable by or return on equity of the Lender or impose any material expense upon the Lender with respect to any Loans or commitments to make Loans under this Agreement, the Lender shall so notify the Borrower in writing. The Borrower agrees to pay the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or additional expense within ten (10l0) days after presentation by the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or additional expense. Such statement shall set forth a brief explanation of the amount and the Lender’s 's calculation of the amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten (10l0) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(d2.03(d) hereof from the due date until paid (before and after judgment).

Loss of Margin. In the event that any Law or the interpretation or application thereof by any Official Body or the compliance with any guideline or request of any central bank or other Official Body (whether or not having the force of Law): (a) subjects the Lender to any tax with respect to any amounts payable under this Agreement, the Note or the other Loan Documents by the Borrower or otherwise with respect to the transactions contemplated under this Agreement, the Note or the other Loan Documents (except for taxes on the overall taxable net income of the Lender imposed by the United States of America or any political subdivision thereof), or (b) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, capital maintenance or similar requirement against assets held by, or deposits in or for the account of, or Loans or advances or commitment to make Loans or advances by the Lender, or (c) imposes upon the Lender any other condition with respect to the Loans or the commitment to make Loans under this Agreement, and the result of any of the foregoing is to materially increase the costs of the Lender, reduce the income receivable by or return on equity of the Lender or impose any material expense upon the Lender with respect to any Loans or commitments to make Loans under this Agreement, the Lender shall so notify the Borrower in writing. The Borrower agrees to pay the Lender the actual amount of such increase in cost, reduction in income, reduced return on equity or additional expense within ten (10) days after presentation by the Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or additional expense. Such statement shall set forth a brief explanation of the amount and the Lender’s 's calculation of the amount, which statement shall be conclusively deemed correct absent manifest error. If the amount set forth in such statement is not paid within ten (10) days after such presentation of such statement, interest will be payable on the unpaid amount at the rate set forth in Section 2.02(d) hereof from the due date until paid (before and after judgment).