Regulatory Changes in Capital Requirements. If any Bank shall have determined that the adoption or the effectiveness after the date hereof of any law, rule, regulation or guideline regarding capital adequacy, or any change in any of the foregoing or in the interpretation or administration of any of the foregoing by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by such Bank (or any lending office of such Bank) or such Bank's holding company with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on such Bank's capital or on the capital of such Bank's holding company if any, as a consequence of this Agreement, the Commitment, Advances, Letters of Credit or the Loan made by such Bank pursuant hereto to a level below that which such Bank or its holding company would have achieved but for such adoption, change or compliance (taking into consideration such Bank's policies and the policies of such Bank's holding company with respect to capital adequacy) by an amount deemed by such Bank to be material, then from time to time the Borrowers shall pay to such Bank, within five (5) Business Days after receiving such Bank's demand therefor and the certificate referred to below, such additional amount or amounts as will compensate such Bank or its holding company for any such reduction suffered, which amount, if not paid within such period of five (5) Business Days, shall bear interest from the date due until payment in full thereof at the rate provided in Paragraph 2.6(a)(ii) hereof. Such Bank will notify the Borrowers of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Paragraph 2.14 as promptly as practicable after it obtains knowledge thereof.
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Samples: Credit Agreement (Sunsource Inc), Credit Agreement (Sunsource Inc)
Regulatory Changes in Capital Requirements. If any Bank shall have determined that the adoption or the effectiveness after the date hereof of any law, rule, regulation or guideline regarding capital adequacy, or any change in any of the foregoing or in the interpretation or administration of any of the foregoing by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by such Bank (or any lending office of such Bank) or such Bank's holding company with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agencyagency which is generally applicable to banks comparable to Bank, has or would have the effect of reducing the rate of return on such Bank's capital or on the capital of such Bank's holding company if anycompany, as a consequence of this Agreement, the Commitment, Advances, Letters of Credit or the Loan made by such Bank pursuant hereto to a level below that which such Bank or its holding company would could have achieved but for such adoption, change or compliance (taking into consideration such Bank's policies and the policies of such Bank's holding company with respect to capital adequacy) by an amount deemed by such Bank to be material, then from time to time the Borrowers shall pay to such Bank, within five (5) Business Days after receiving such Bank's demand therefor and the certificate referred to below, Bank such additional amount or amounts as will compensate such Bank or its holding company for any such reduction suffered, which amount, if not paid within suffered together with interest on each such period of five (5) Business Days, shall bear interest amount from the date due until payment in full thereof at the rate provided in Paragraph 2.6(a)(ii2.5(b)(ii) hereofhereof with respect to amounts not paid when due. Such Bank will notify the Borrowers of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Paragraph 2.14 2.12 as promptly as practicable after it obtains knowledge thereofthereof and determines to request such compensation, and such compensation shall not be charged for any period more than three (3) months prior to the date of such notice.
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Samples: Credit Agreement (David Bridal Inc)
Regulatory Changes in Capital Requirements. If any Bank shall have determined that the adoption or the effectiveness after the date hereof of any law, rule, regulation or guideline regarding capital adequacy, or any change in any of the foregoing or in the interpretation or administration of any of the foregoing by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by such Bank (or any lending office of such Bank) or such Bank's holding company with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on such Bank's capital or on the capital of such Bank's holding company if anycompany, as a consequence of this Agreement, the Commitment, Advances, Letters of Credit Advances or the Loan made by such Bank pursuant hereto to a level below that which such Bank or its holding company would could have achieved but for such adoption, change or compliance (taking into consideration such Bank's policies and the policies of such Bank's holding company with respect to capital adequacy) by an amount deemed by such Bank to be material, then from time to time the Borrowers Borrower shall pay to such Bank, within five (5) Business Days after receiving such Bank's demand therefor and the certificate referred to below, Bank such additional amount or amounts as will compensate such Bank or its holding company for any such reduction suffered, which amount, if not paid within suffered together with interest on each such period of five (5) Business Days, shall bear interest amount from the date due demanded until payment in full thereof at the rate provided in Paragraph 2.6(a)(ii2.6(b)(ii) hereofhereof with respect to amounts not paid when due. Such Bank will notify the Borrowers Borrower of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Paragraph 2.14 2.13 as promptly as practicable after it obtains knowledge thereofthereof and determines to request such compensation, and such compensation shall not be charged for any period more than three (3) months prior to the date of such notice. A certificate of such Bank setting forth such amount or amounts as shall be necessary to compensate such Bank or its holding company as specified above shall be delivered to Borrower and shall be conclusive absent manifest error, if calculated and charged in a manner consistent with similar charges made by such Bank to its other customers having similar arrangements with such Bank. Borrower shall pay such Bank the amount shown as due on any such certificate delivered by such Bank within ten (10) days after its receipt of the same. Failure on the part of any Bank to demand compensation for increased costs or reduction in amounts received or receivable or reductions in return on capital with respect to any period shall not constitute a waiver of such Bank's right to demand compensation with respect to any other period except as otherwise limited by the terms of this Paragraph 2.13.
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