Common use of Additional Amounts Payable Clause in Contracts

Additional Amounts Payable. If any change or the enactment, adoption or judicial or administrative interpretation of any law, regulation, treaty, guideline or directive (including, without limitation, Regulation D of the Board) either (a) subjects the Bank to any additional tax, duty, charge, deduction or withholding with respect to the Loan (other than a tax measured by the net or gross income of the Bank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of the Loan not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on the Bank on account of its issuing or maintaining the Loan; and if any of the foregoing (i) results in any increase to the Bank in the cost of issuing or maintaining the Loan, or making any payment on account of the Loan, (ii) reduces the amount of any payment receivable by the Bank under this Agreement with respect to the Loan, (iii) requires the Bank to make any payment calculated by reference to the gross amount of any sum received or paid by the Bank pursuant to the Loan, or (iv) reduces the rate of return on the Bank's capital to a level below that which the Bank could otherwise have achieved (taking into consideration the Bank's policies with respect to capital adequacy), then the Company shall pay to the Bank, as additional compensation for the Loan, such amounts as will compensate the Bank for such increased costs, payments or reductions. Within twenty (20) days after (A) the initial demand therefor and (B) presentation by the Bank of a certificate to the Company containing a statement of the cause of such increased costs, payments or reductions and a calculation of the amounts thereof (which statement and calculation shall be presumed prima facie to be correct, absent demonstrative or manifest error), the Company shall pay the additional amounts payable, measured from the date such change, enactment, adoption or interpretation first affects the Bank.