Common use of Regulatory Capital Requirements Clause in Contracts

Regulatory Capital Requirements. If any existing or future law, ------------------------------- regulation, or guideline or the interpretation thereof by any court or administrative or Governmental Authority charged with the administration thereof, or compliance by the Bank with any request or directive (whether or not having the force of law) of any such authority, imposes, modifies, deems applicable or results in the application of any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank (or participations therein) or the Bank in anticipation of the effectiveness of any capital maintenance, capital ratio or similar requirement takes reasonable action to enable itself to comply therewith, and the result thereof is to impose upon the Bank or increase any capital requirement applicable as a result of the making or maintenance of the Revolving Credit Commitment or participations therein (which imposition of or increase in capital requirements may be determined by the Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, within fifteen (15) days after demand by the Bank, the Company shall immediately pay to the Bank from time to time as specified by the Bank additional fees which shall be sufficient to compensate the Bank for such impositions of or increase in capital requirements, together with interest on each such amount from fifteen (15) days after the date demanded until payment in full thereof at the Post Default Rate. A certificate setting forth in reasonable detail the computation of the amounts necessary to compensate the Bank as a result of an imposition of or increase in capital requirements submitted by the Bank to the Company shall be conclusive, absent manifest error or bad faith, as to the amount thereof.

Regulatory Capital Requirements. If any existing or future law, ------------------------------- regulation, or guideline or the interpretation thereof by any court or administrative or Governmental Authority charged with the administration thereof, or compliance by the Bank with any request or directive (whether or not having the force of law) of any such authority, imposes, modifies, deems applicable or results in the application of any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank (or participations therein) or the Bank in anticipation of the effectiveness of any capital maintenance, capital ratio or similar requirement takes reasonable action to enable itself to comply therewith, and the result thereof is to impose upon the Bank or increase any capital requirement applicable as a result of the making or maintenance of the Revolving Credit Commitment or participations therein (which imposition of or increase in capital requirements may be determined by the Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, within fifteen (15) days after upon demand by the Bank, the Company shall immediately pay to the Bank from time to time as specified by the Bank additional commitment fees which shall be sufficient to compensate the Bank for such impositions of or increase in capital requirements, together with interest on each such amount from fifteen (15) days after the date demanded until payment in full thereof at the Post Default Raterate provided in this Agreement with respect to commitment fees not paid when due. A certificate setting forth in reasonable detail the computation of the amounts necessary to compensate the Bank as a result of an imposition of or increase in capital requirements submitted by the Bank to the Company shall be conclusive, absent manifest error or bad faith, as to the amount thereof.

Regulatory Capital Requirements. If any existing or future law, ------------------------------- regulation, or guideline or the interpretation thereof by any court or administrative or Governmental Authority charged with the administration thereof, or compliance by the Bank with any request or directive (whether or not having the force of law) of any such authority, imposes, modifies, deems applicable or results in the application of any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank (or participations therein) or the Bank in anticipation of the effectiveness of any capital maintenance, capital ratio or similar requirement takes reasonable action to enable itself to comply therewith, and the result thereof is to impose upon the Bank or increase any capital requirement applicable as a result of the making or maintenance of the Revolving Credit Commitment or participations therein (which imposition of or increase in capital requirements may be determined by the Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, within fifteen (15) days after upon demand by the Bank, the Company shall immediately pay to the Bank from time to time as specified by the Bank additional commitment fees which shall be sufficient to compensate the Bank for such impositions of or increase in capital requirements, together with interest on each such amount from fifteen (15) days after the date demanded until payment in full thereof at the Post Default Raterate provided in this Agreement with respect to commitment fees not paid when due. A certificate setting forth in reasonable detail the computation of the amounts necessary to compensate the Bank as a result of an imposition of or increase in capital requirements submitted by the Bank to the Company shall be conclusive, absent manifest error or bad faith, as to the amount thereof.

Regulatory Capital Requirements. If any existing law or future law, ------------------------------- regulation, or guideline regulation or the interpretation thereof by any court or administrative or Governmental Authority governmental authority charged with the administration thereofthereof enacted or made after the date hereof, or compliance by the Bank Agent or any of the Banks with any request or directive (whether or not having the force of law) of any such authorityauthority issued after the date hereof, imposes, modifies, deems applicable or results in any increases after the application of date hereof in any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank (or participations therein) or the Bank in anticipation any of the effectiveness of any capital maintenance, capital ratio or similar requirement takes reasonable action to enable itself to comply therewith, Banks and the result thereof is to impose upon the Bank Agent or any of the Banks or increase any capital requirement applicable to any of the Banks as a result of the making or maintenance of the Revolving Credit Commitment revolving credit facility available or participations therein letters of credit hereunder (which imposition of or increase in capital requirements requirement may be determined by the such Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, upon demand by such Bank (which shall be made by such Bank within fifteen 90 days of such Bank becoming aware of the circumstance which gives rise to the demand), the Borrowers shall within ten (1510) days after of such demand by the Bank, the Company shall immediately pay to the such Bank from time to time as specified by the such Bank additional fees an amount which shall be sufficient to compensate the such Bank for such impositions imposition of or increase in capital requirements, requirements together with interest on each such amount from fifteen (15) days after the date demanded until payment in full thereof at the Post Default Base Rate. A certificate setting forth in reasonable detail the computation of the amounts amount necessary to compensate the such Bank as a result of an imposition of or increase in capital requirements submitted by the such Bank to the Company Borrowers shall be conclusive, absent manifest error or bad faith, as to the amount thereof.