Common use of RECOVERY OF ADDITIONAL COSTS Clause in Contracts

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or Government Authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would: (a) increase the cost to Lender for extending or maintaining the credit facilities to which the Loan Documents relate; (b) reduce the amounts payable to Lender under the Loan Documents or the Related Documents; or (c) reduce the rate of return on the capital of Lender as a consequence of the obligations of Lender with respect to the credit facilities to which the Loan Documents relate; then, pay Lender such additional amounts as will compensate Lender therefor, within 5 days after written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or Government Authority governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would: would (a) increase the cost to Lender for extending or maintaining the credit facilities to which the Loan Documents relate; this Agreement relates, (b) reduce the amounts payable to Lender under the Loan Documents this Agreement or the Related Documents; , or (c) reduce the rate of return on the Lender's capital of Lender as a consequence of the Lender's obligations of Lender with respect to the credit facilities to which the Loan Documents relate; thenthis Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within 5 five (5) days after Lender's written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, Borrower which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or Government Authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would: (a) increase the cost to Lender for extending or maintaining the credit facilities to which the Loan Documents and the Related Documents relate; (b) reduce the amounts payable to Lender under the Loan Documents or and the Related Documents; or (c) reduce the rate of return on the capital of Lender as a consequence of the obligations of Lender with respect to the credit facilities to which the Loan Documents and the Related Documents relate; then, Borrower shall pay Lender such additional amounts as will compensate Lender therefor, within 5 days after written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or Government Authority governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on the Lender), reserve requirements, capital adequacy requirements or other obligations which would: would (a) increase the cost to the Lender for extending or maintaining the credit facilities to which the Loan Documents relate; this Agreement relates, (b) reduce the amounts payable to the Lender under the Loan Documents or the Related Documents; this Agreement, or (c) reduce the rate of return on the Lender’s capital of Lender as a consequence of the Lender’s obligations of Lender with respect to the credit facilities to which this Agreement relates, then the Loan Documents relate; then, Borrower agrees to pay the Lender such additional amounts as will compensate the Lender therefortherefore, within 5 five (5) days after the Lender’s written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by the Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.