Common use of Supervening Illegality Clause in Contracts

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, adversely affecting any Lender's extension of credit described in this Agreement and/or the selling of participations therein, the Borrower shall, at any Lender's option, either (a) pay to such Lender the then outstanding balance of such Lender's Pro Rata Share of the Liabilities, indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by the Borrower by reason of such Lender's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements or (b) indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by such Lender by reason of such amendment, deletion, revision, modification, or other change. In the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension of credit described in this Agreement or the selling of participations therein, such Lender shall not elect the provisions of clause (a) above.

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, adversely affecting any affecting, in the Lender's reasonable determination, the Lender's extension of credit described in this Agreement and/or or the selling of participations therein, the Borrower shall, at any Lender's option, shall either (ai) pay to such the Lender the then outstanding balance of such Lender's Pro Rata Share of the LiabilitiesLiabilities which are in violation thereof, indemnify and hold such the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, damages of every kind and nature, nature imposed upon or incurred by the Borrower by reason of such the Lender's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements Loan Documents as a result of, but only to the extent of such change, or (bii) indemnify and hold such the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, damages of every kind and nature, nature imposed upon or incurred by such the Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. In The obligations of the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension Borrower under this subsection 7.10 shall survive payment of credit described in the Liabilities and termination of this Agreement or the selling of participations therein, such Lender shall not elect the provisions of clause (a) aboveAgreement.

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law rule or regulation, adversely affecting any affecting, in Lender's reasonable determination, Lender's extension of credit described in this Agreement and/or the selling of participations therein, the Borrower shall, at any LenderBorrower's option, either (ai) pay to such Lender the then outstanding balance of such Lender's Pro Rata Share of the Liabilities, indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by the Borrower by reason of such Lender's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements Agreements, or (bii) indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by such Lender by reason of such amendment, deletion, revision, modification, or other change. In The obligations of Borrower under this subsection 7.10 (other than the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension of credit described obligation to pay the Liabilities referred to in this Agreement or the selling of participations therein, such Lender shall not elect the provisions of clause (ai) above) shall survive payment of the Liabilities and termination of this Agreement.

Supervening Illegality. If, at any time or times hereafter, ---------------------- there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, adversely affecting any Lender's extension of credit described in this Agreement and/or the selling of participations therein, the Borrower shall, at any Lender's option, either (a) pay to such Lender the then outstanding balance of such Lender's Pro Rata Share of the Liabilities, indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by the Borrower by reason of such Lender's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements or (b) indemnify and hold such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, of every kind and nature, imposed upon or incurred by such Lender by reason of such amendment, deletion, revision, modification, or other change. In the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension of credit described in this Agreement or the selling of participations therein, such Lender shall not elect the provisions of clause (a) above.. ----------

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any 41 provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, adversely affecting any affecting, in the Lender's ’s reasonable determination, the Lender’s extension of credit described in this Agreement and/or or the selling of participations therein, the Borrower shall, at any Lender's option, shall either (ai) pay to such the Lender the then outstanding balance of such Lender's Pro Rata Share of the LiabilitiesLiabilities which are in violation thereof, indemnify and hold such the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, damages of every kind and nature, nature imposed upon or incurred by the Borrower by reason of such the Lender's ’s failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements Loan Documents as a result of, but only to the extent of such change, or (bii) indemnify and hold such the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages, damages of every kind and nature, nature imposed upon or incurred by such the Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. In The obligations of the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension Borrower under this subsection 7.10 shall survive payment of credit described in the Liabilities and termination of this Agreement or the selling of participations therein, such Lender shall not elect the provisions of clause (a) aboveAgreement.