Common use of Reduction in Rate of Return Clause in Contracts

Reduction in Rate of Return. If at any time the Lender determines, acting reasonably, that any change in any Applicable Law or any interpretation thereof after the date of this Agreement, or compliance by the Lender with any direction, requirement, guidelines or policies or request from any Governmental Authority given after the date of this Agreement, whether or not having the force of law, has or would have, as a consequence of the Lender’s obligations under this Agreement, and taking into consideration the Lender’s policies with respect to capital adequacy, the effect of reducing the rate of return on the Lender’s capital (in respect of making, maintaining or funding an Advance hereunder) to a level below that which the Lender would have achieved but for the change or compliance, then from time to time, upon demand of the Lender, the Borrowers shall pay the Lender such additional amounts as will compensate the Lender for the reduction.

Reduction in Rate of Return. If at any time the any Lender determines, acting reasonably, that the introduction of any Applicable Law or any change in any Applicable Law (whether or any not having the force of law) or in the interpretation or application thereof after the date of this Agreement, or compliance by the Lender with any direction, requirement, guidelines or policies or request from any Governmental Authority regulatory authority given after the date of this Agreement, whether or not having the force of law, has or would have, as a consequence of the Lender’s obligations obligation under this Agreement, and taking into consideration the Lender’s policies with respect to capital adequacy, the effect of reducing the rate of return on the Lender’s capital (in respect of making, maintaining or funding an Advance hereunder) to a level below that which the Lender would have achieved but for the change or compliance, then from time to time, upon demand of the Lender, the Borrowers Borrower shall pay the Lender such additional amounts as will shall compensate the Lender for the reduction.

Reduction in Rate of Return. If at any time the any Lender determines, acting reasonably, that any change in any Applicable Law or any interpretation thereof after the date of this Agreement, or compliance by the Lender with any direction, requirement, guidelines or policies or request from any Governmental Authority regulatory authority given after the date of this Agreement, whether or not having the force of law, has or would have, as a consequence of the a Lender’s obligations 's obligation under this Agreement, and taking into consideration the Lender’s 's policies with respect to capital adequacy, the effect of reducing the rate of return on the Lender’s 's capital (in respect of making, maintaining or funding an Advance hereunder) to a level below that which the Lender would have achieved but for the change or compliance, then from time to time, upon demand of the Lender, the Borrowers Borrower shall pay the Lender such additional amounts as will compensate the Lender for the reduction.

Reduction in Rate of Return. If at any time the any Lender determines, acting reasonably, that any change in any Applicable Law or any interpretation thereof after the date of this Agreement, or compliance by the Lender with any direction, requirement, guidelines or policies or request from any Governmental Authority regulatory authority given after the date of this Agreement, whether or not LEGAL_39694004.1 - 48 SIXTH AMENDED AND RESTATED CREDIT AGREEMENT having the force of law, has or would have, as a consequence of the a Lender’s obligations obligation under this Agreement, and taking into consideration the Lender’s policies with respect to capital adequacy, the effect of reducing the rate of return on the Lender’s capital (in respect of making, maintaining or funding an Advance hereunder) to a level below that which the Lender would have achieved but for the change or compliance, then from time to time, upon demand of the Lender, the Borrowers Borrower shall pay the Lender such additional amounts as will compensate the Lender for the reduction.