Common use of Risk-Based Capital Clause in Contracts

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, such additional amount as shall be certified by the Bank to be the amount allocable to such Bank’s obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Section 2.18 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, such additional amount as shall be certified by the such Bank to be the amount allocable to such Bank’s 's obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Section 2.18 2.11 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 2.11 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s 's obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, such additional amount as shall be certified by the Bank to be the amount allocable to such Bank’s 's obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Section 2.18 2.17 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 2.17 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s 's obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation Change in Law or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the AgentAdministrative Agent at its Principal Office, for the account of the applicable Bank, such additional amount as shall be certified by the Bank to be the amount allocable to such Bank’s obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Administrative Agent) of any event occurring after the date of this Agreement Effective Date that will entitle such Bank to compensation pursuant to this Section 2.18 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis. The provisions of this Section 2.18 shall survive termination of this Agreement.

Risk-Based Capital. In the event that any the Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such the Bank or any corporation controlling such the Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such the Bank or any corporation controlling such the Bank, and such the Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, Bank such additional amount as shall be certified by the Bank to be the amount allocable to such the Bank’s 's obligations to the Borrower hereunder. Such The Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such the Bank to compensation pursuant to this Section 2.18 2.3.6 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any the Bank for purposes of this Section 2.18 2.3.6 of the effect of any increase in the amount of capital required to be maintained by such the Bank and of the amount allocable to such the Bank’s 's obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation Change in Law or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Administrative Agent, for the account of the applicable Bank, such additional amount as shall be certified by the Bank to be the amount allocable to such Bank’s obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Administrative Agent) of any event occurring after the date of this Agreement Effective Date that will entitle such Bank to compensation pursuant to this Section 2.18 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis. The provisions of this Section 2.18 shall survive termination of this Agreement.

Risk-Based Capital. In the event that any Bank determines that (1) ------------------ compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such the Bank or any corporation controlling such the Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such the Bank or any corporation controlling such the Bank, and such the Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower Borrowers shall pay to the Agent, for the account of the applicable Bank, Bank such additional amount as shall be certified by the Bank to be the amount allocable to such the Bank’s 's obligations to the Borrower Borrowers hereunder. Such The Bank will notify the Borrower (with a copy to the Agent) Borrowers of any event occurring after the date of this Agreement that will entitle such the Bank to compensation pursuant to this Section 2.18 2.12 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any the Bank for purposes of this Section 2.18 2.12 of the effect of any increase in the amount of capital required to be maintained by such the Bank and of the amount allocable to such the Bank’s 's obligations to the Borrower Borrowers hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such Bank or any corporation controlling such Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such Bank or any corporation controlling such Bank, and such Bank determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, such additional amount as shall be certified by the such Bank to be the amount allocable to such Bank’s 's obligations to the Borrower hereunder. Such Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such Bank to compensation pursuant to this Section 2.18 2.12 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any Bank for purposes of this Section 2.18 2.12 of the effect of any increase in the amount of capital required to be maintained by such Bank and of the amount allocable to such Bank’s 's obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.

Risk-Based Capital. In the event that any the Bank determines that (1) compliance with any judicial, administrative, or other governmental interpretation of any law or regulation or (2) compliance by such the Bank or any corporation controlling such the Bank with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) has the effect of requiring an increase in the amount of capital required or expected to be maintained by such the Bank or any corporation controlling such the Bank, and such the Bank reasonably determines that such increase is based upon its obligations hereunder, and other similar obligations, the Borrower shall pay to the Agent, for the account of the applicable Bank, Bank such additional amount as shall be certified reasonably determined by the Bank to be the amount allocable attributable to such the Bank’s obligations to the Borrower hereunder. Such The Bank will notify the Borrower (with a copy to the Agent) of any event occurring after the date of this Agreement that will entitle such the Bank to compensation pursuant to this Section 2.18 2.12 as promptly as practicable after it obtains knowledge thereof and determines to request such compensation. Determinations by any the Bank for purposes of this Section 2.18 2.12 of the effect of any increase in the amount of capital required to be maintained by such the Bank and of the amount allocable attributable to such the Bank’s obligations to the Borrower hereunder shall be conclusive, provided that such determinations are made on a reasonable basis.