Additional Costs Capital Adequacy. (a) If any new law, rule or regulation, or any change after the date hereof in the interpretation or administration of any Applicable Law, rule or regulation by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Bank or its Applicable Lending Office with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency in connection therewith issued, promulgated or enacted after the date hereof shall:
(i) subject any Bank (or its Applicable Lending Office) to any Tax with respect to its Loans, its Note or its Commitment, in each case with respect to any Borrower, or shall change the basis of taxation of payments to any Bank (or its Applicable Lending Office) by such Borrower of the principal of or interest on its Loans or any other amounts due under this Agreement or its Commitment, in each case except for any (A) Covered Tax, or (B) Tax described in clauses (a)(2), (b), (c), or (d) of the definition of Excluded Taxes; or
(ii) impose, modify or deem applicable any reserve (including, without limitation, any such requirement imposed by the Board of Governors of the Federal Reserve System), special deposit, insurance assessment or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank (or its Applicable Lending Office) or shall impose on any Bank (or its Applicable Lending Office) any other condition affecting its Loans, its Note or its Commitment, in each case with respect to such Borrower; or
(iii) impose on any Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans or such Bank’s Commitment, in each case with respect to such Borrower; and the result of any of the foregoing is to increase the cost to such Bank (or its Applicable Lending Office) of making, funding, issuing, renewing, extending or maintaining any Loan to such Borrower or such Bank’s Commitment in favor of such Borrower, or to reduce the amount of any sum received or receivable by such Bank (or its Applicable Lending Office) from such Borrower under this Agreement or under its Note with respect thereto, by an amount deemed by such Bank to be material, then, promptly upon demand by such Bank (and in any event within thirty (30) days after demand by such Bank) and delivery to such Borrower of the certificate required by clause (c) of this Sect...
Additional Costs Capital Adequacy. (a) If any Change in Law shall:
(i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank;
(ii) subject any Recipient to any Taxes (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) on its loans, loan principal, letters of credit, commitments, or other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; or
(iii) impose on any Bank or the London interbank market any other condition, cost or expense affecting this Agreement or Loans made by such Bank; and the result of any of the foregoing is to increase the cost to such Bank of making or maintaining any Loan the interest of which is determined by reference to the LIBOR Rate or the Three Month LIBOR Rate (or of maintaining its obligation to make any such Loan), or to reduce the amount of any sum received or receivable by such Bank hereunder (whether of principal, interest or any other amount) then, upon request of such Bank, the Borrower will pay to the Bank such additional amount or amounts as will compensate such Bank for such additional costs incurred or reduction suffered.
(b) If any Bank determines that any Change in Law affecting such Bank or any Lending Office of such Bank or such Bank’s holding company, if any, regarding capital or liquidity requirements 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 Commitments of such Bank or the Loans made by such Bank to a level below that which such Bank or such Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Bank’s policies and the policies of such Bank’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Bank such additional amount or amounts as will compensate such Bank or such Bank’s holding company for any such reduction suffered.
(c) A certificate of a Bank setting forth the computation of and the amount or amounts necessary to compensate the Bank or its holding company, as the case may be, as specified in subsection (a) or (b) of this Section and delivered to the Borrower shall be conclusive absent manifest error. The Borrower sha...
Additional Costs Capital Adequacy. Lessee shall pay (provided that during the Construction Period Lessee shall request an Advance, the proceeds of which shall be used to pay) the following amounts ("Increased Costs"):
Additional Costs Capital Adequacy. 3.4 Taxes................................................. 3.5 Indemnity.............................................
Additional Costs Capital Adequacy. 72 Section 5.2. Suspension of LIBOR Loans. 73 Section 5.3. Illegality. 75 Section 5.4. Compensation. 75
Additional Costs Capital Adequacy. 6361 Section 4.2.
Additional Costs Capital Adequacy. 6163 Section 5.2 Changed Circumstances Affecting Benchmark Availability. 6365 Section 5.3 Illegality. 6368 Section 5.4 Compensation 64 Indemnity. 68 Section 5.5 Treatment of Affected Loans. 6469 Section 5.6 Affected Lenders. 6569
Additional Costs Capital Adequacy. 76 Section 4.2. Suspension of SOFR Loans and SOFR Margin Loans. 78 Section 4.3. Illegality. 79 Section 4.4. Compensation. 79 Section 4.5. Treatment of Affected Loans. 80 Section 4.6. Affected Lenders. 81 Section 4.7. Change of Lending Office. 81 Section 4.8. Assumptions Concerning Funding of SOFR Loans. 82 Section 4.9. Permanent Inability to Determine Benchmark. 82 ARTICLE V. CONDITIONS PRECEDENT 83 Section 5.1. Initial Conditions Precedent. 83 Section 5.2. Conditions Precedent to All Loans and Letters of Credit. 86 Section 5.3. Conditions as Covenants. 87 ARTICLE VI. REPRESENTATIONS AND WARRANTIES 87
Additional Costs Capital Adequacy. 71 Section 5.2. Changed Circumstances. 73 Section 5.3. [Reserved]. 74 Section 5.4. Compensation. 74
Additional Costs Capital Adequacy. Notwithstanding anything to the contrary contained in Section 5.1(b), if the Alternate Currency Lender shall suspend its obligation to make or Continue Alternate Currency Loans pursuant to Section 5.1(b), then the provisions of Section 2.18(c) (and not Section 5.6) shall apply with respect to Alternate Currency Loans until the applicable Regulatory Change ceases to be in effect.
