Common use of Yield Maintenance Clause in Contracts

Yield Maintenance. If at any time after the date hereof, and from time to time, any Bank determines that the adoption or modification of any applicable law, rule or regulation regarding taxation, such Bank's required levels of reserves, deposits, insurance or capital (including any allocation of capital requirements or conditions), or similar requirements, or any interpretation or administration thereof by any governmental authority, central bank or comparable agency charged with the interpretation, administration or compliance of such Bank with any of such requirements, has or would have the effect of (a) materially increasing such Bank's costs relating to the obligation hereunder, or (b) reducing the yield or rate of return of such Bank on the Obligation hereunder to a level below that which Bank could have achieved but for the adoption or modification of any such requirements, Company shall, within fifteen (15) days of any request by any such Bank, pay to Bank such additional amounts as (in the Bank's sole judgment, after good faith and reasonable computation) will compensate Bank. No failure by a Bank to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of Bank's right to demand payment of such amounts at any subsequent time. Nothing herein contained shall be construed or so operate as to require Company to pay any interest, fees, costs or charges greater than is permitted by applicable law.

Yield Maintenance. If at any time after the date hereof, and from time to time, any Bank determines that the adoption or modification of any applicable law, rule or regulation regarding taxation, such Bank's required levels of reserves, deposits, insurance or capital (including any allocation of capital requirements or conditions), or similar requirements, or any interpretation or administration thereof by any governmental authority, central bank or comparable agency charged with the interpretation, administration or compliance of such Bank with any of such requirements, has or would have the effect of (a1) materially increasing such Bank's costs relating to the obligation hereunder, or (b2) reducing the yield or rate of return of such Bank on the Obligation hereunder to a level below that which such Bank could have achieved but for the adoption or modification of any such requirements, Company Borrower shall, within fifteen (15) days of any request by any such Bank, pay to such Bank such additional amounts as (in the Bank's sole judgment, after good faith and reasonable computation) will compensate such Bank. No failure by a any Bank to immediately demand payment of any additional amounts payable hereunder shall constitute a waiver of such Bank's right to demand payment of such amounts at any subsequent time. Nothing herein contained shall be construed or so operate as to require Company Borrower to pay any interest, fees, costs or charges greater than is permitted by applicable law.