Capital Adequacy; Increased Costs; Illegality. (a) If any Lender shall have determined that any law, treaty, governmental (or quasi-governmental) rule, regulation, guideline or order regarding capital adequacy, reserve requirements or similar requirements or compliance by any Lender with any request or directive regarding capital adequacy, reserve requirements or similar requirements (whether or not having the force of law), in each case, adopted after the Closing Date, from any central bank or other Governmental Authority increases or would have the effect of increasing the amount of capital, reserves or other funds required to be maintained by such Lender and thereby reducing the rate of return on such Lender's capital as a consequence of its obligations hereunder, then Borrower shall from time to time upon written demand by such Lender (with a copy of such demand to Agent) pay to Agent, for the account of such Lender, additional amounts sufficient to compensate such Lender for such reduction; provided, that Borrower shall not be obligated to pay any such amount or amounts which are attributable to any period of time occurring more than 120 days prior to the date of receipt by Borrower of such written demand; provided, further, that such Lender shall disclose to Borrower the calculations of the amount necessary to compensate for any shortfall in the rate of return. A certificate as to the amount of that reduction and showing the basis of the computation thereof submitted by such Lender to Borrower and to Agent shall, absent manifest error, be final, conclusive and binding for all purposes.
(b) If, due to either (i) the introduction of or any change in any law or regulation (or any change in the interpretation thereof) or (ii) the compliance with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), in each case adopted after the Closing Date, there shall be any increase in the cost to any Lender of agreeing to make or making, funding or maintaining any Loan, then Borrower shall from time to time, upon written demand by such Lender (with a copy of such demand to Agent), pay to Agent for the account of such Lender additional amounts sufficient to compensate such Lender for such increased cost; provided, that Borrower shall not be obligated to pay any such amount or amounts which are attributable to any period of time occurring more than 120 days prior to the date of receipt by Borrower of such written demand; provided, further, that suc...
Capital Adequacy; Increased Costs; Illegality. (a) If any law, treaty, governmental (or quasi-governmental) rule, regulation, guideline or order regarding capital adequacy, reserve requirements or similar requirements or compliance by any Lender with any request or directive regarding capital adequacy, reserve requirements or similar requirements (whether or not having the force of law), in each case, adopted after the Closing Date, from any central bank or other Governmental Authority increases or would have the effect of increasing the amount of capital, reserves or other funds required to be maintained by such Lender and thereby reducing the rate of return on such Lender’s capital as a consequence of its obligations hereunder, then Borrowers shall from time to time upon demand to Borrower Representative by such Lender (with a copy of such demand to Agent) pay to Agent, for the account of such Lender, additional amounts sufficient to compensate such Lender for such reduction. A certificate as to the amount of that reduction and showing the basis of the computation thereof submitted by such Lender to Borrower Representative and to Agent shall be presumptive evidence of the matters set forth therein.
Capital Adequacy; Increased Costs; Illegality. Credit Support
Capital Adequacy; Increased Costs; Illegality. (a) If (i) any Lender determines that the making or maintenance by it of any Fixed Rate Loan hereunder would violate any applicable law, rule or regulation or the interpretation or application thereof (whether or not having the force of law), (ii) any Lender determines that deposits of the type and maturity appropriate to fund any Fixed Rate Loan or any Interest Period hereunder are not available in the relevant market, or (iii) any Lender determines that, due to circumstances affecting such Lender or the relevant market or such Lender's position in such market at the time a Notice of Fixed Rate Election is given, the Adjusted LIBOR does not fully reflect such Lender's cost of maintaining particular interest rate options and/or Interest Periods hereunder, then the availability of the Fixed Rate option and/or any particular Interest Period therefor may be suspended by such Lender for new Interest Periods until such time as such Lender determines, in its judgment, that market conditions or legal considerations permit the same to be reinstated.
(b) If, due to either (i) the introduction of or any change (other than a change by way of imposition of or increase in reserve requirements already included in computing the relevant Fixed Rate) in or in the interpretation of any law or regulation after the date hereof or
Capital Adequacy; Increased Costs; Illegality. Single Loan.
Capital Adequacy; Increased Costs; Illegality. 17 1.16. Tranches................................................ 19 1.17.
Capital Adequacy; Increased Costs; Illegality. Funding Losses 97
Capital Adequacy; Increased Costs; Illegality. (a) If any Lender shall have determined that the adoption after the date hereof of any law, treaty, governmental (or quasi-governmental) rule, regulation, guideline or order regarding
Capital Adequacy; Increased Costs; Illegality. ____________________________________________________________________14
Capital Adequacy; Increased Costs; Illegality. Single Loan 1.18 Super-Priority Nature of Obligations and Agent’s Liens 1.19 Payment of Obligations
