Common use of Reduction of Return Clause in Contracts

Reduction of Return. If the Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by the Lender or any corporation or other entity controlling the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation or other entity controlling the Lender and (taking into consideration its policies with respect to capital adequacy and the Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of the Lender to the Borrower, the Borrower shall pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender for such increase.

Appears in 1 contract

Samples: Credit Agreement (New Athletics, Inc.)

AutoNDA by SimpleDocs

Reduction of Return. If the any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by the Lender or any corporation or other entity controlling the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation or other entity controlling the Lender and (taking into consideration its such Lender's or such corporation's or other entity's policies with respect to capital adequacy and the such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of the such Lender to the BorrowerBorrower through the Agent, the Borrower shall pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender for such increase.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom LTD)

Reduction of Return. If the Lender shall have determined that (ia) the introduction of any Capital Adequacy Regulation, (iib) any change in any Capital Adequacy Regulation, (iiic) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (ivd) compliance by the Lender or any corporation or other entity controlling the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation or other entity controlling the Lender and (taking into consideration its the Lender's or such corporation's policies with respect to capital adequacy and the Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitmentsthe Total Facility, loans, credits or obligations under this Agreement, then, upon demand of the Lender to the BorrowerLender, the Borrower shall pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender for such increase.

Appears in 1 contract

Samples: Loan and Security Agreement (Emergent Group Inc)

Reduction of Return. If the any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by the Lender or any corporation or other entity controlling the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation or other entity controlling the Lender and (taking into consideration its such Lender’s or such corporation’s or other entity’s policies with respect to capital adequacy and the such Lender’s desired return on capital) determines that the amount of such capital is increased as a consequence of its Commitments, loans, credits or obligations under this Agreement, then, upon demand of the such Lender to the BorrowerBorrowers through the Agent, the Borrower shall Borrowers agree, jointly and severally, to pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender for such increase.

Appears in 1 contract

Samples: Loan and Security Agreement (Manhattan Bagel Co Inc)

AutoNDA by SimpleDocs

Reduction of Return. If the any Lender shall have determined that (i) the introduction of any Capital Adequacy Regulation, (ii) any change in any Capital Adequacy Regulation, (iii) any change in the interpretation or administration of any Capital Adequacy Regulation by any central bank or other Governmental Authority charged with the interpretation or administration thereof, or (iv) compliance by the Lender or any corporation or other entity controlling the Lender with any Capital Adequacy Regulation, affects or would affect the amount of capital required or expected to be maintained by the Lender or any corporation or other entity controlling the Lender and (taking into consideration its such Lender's or such corporation's or other entity's policies with respect to capital adequacy and the such Lender’s 's desired return on capital) determines that the amount of such capital is increased as a consequence of its any Commitments, loans, credits or obligations under this Agreement, then, upon demand of the such Lender to the BorrowerBorrower through the Agent, the Borrower shall pay to the Lender, from time to time as specified by the Lender, additional amounts sufficient to compensate the Lender for such increase.

Appears in 1 contract

Samples: Loan and Security Agreement (Weirton Steel Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!