Common use of Capital Adequacy Charge Clause in Contracts

Capital Adequacy Charge. If LaSalle shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's capital as a consequence of its obligations hereunder to a level below that which LaSalle could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMAND") together with the certificate described below, the Borrower shall pay to LaSalle such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE") as will compensate LaSalle for such reduction in respect of its Loans hereunder. A certificate of LaSalle claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalle, and the method by which such amount was determined. In determining such amount, LaSalle may use any averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle the Lender shall have determined determined, acting reasonably, that the adoption of any lawApplicable Law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle the Lender with any request or directive regarding capital adequacy (whether or not having the force of lawLaw) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's the Lender’s capital as a consequence of its obligations hereunder to a level below that which LaSalle the Lender could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's the Lender’s policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle the Lender to the Borrower Borrowers of a written demand therefor (the "CAPITAL ADEQUACY DEMAND"“Capital Adequacy Demand”) together with the certificate described below, the Borrower Borrowers shall immediately pay to LaSalle the Lender such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE"“Capital Adequacy Charge”) as will compensate LaSalle the Lender for such reduction in respect of its their Loans hereunder. A certificate of LaSalle the Lender claiming entitlement to payment as set forth above shall be conclusive evidence in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSallethe Lender, and the method by which such amount was determined. In determining such amount, LaSalle the Lender may use any averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle shall have determined that ----------------------- the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's capital as a consequence of its obligations hereunder to a level below that which LaSalle could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle to the Borrower Borrowers of a written demand therefor (the "CAPITAL ADEQUACY DEMANDCapital Adequacy Demand") together with the certificate described below, the Borrower Borrowers shall pay to LaSalle such additional amount or amounts (the "CAPITAL ADEQUACY CHARGECapital Adequacy Charge") as will compensate LaSalle for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalle, and the method by which such amount was determined. In determining such amount, LaSalle may use any reasonable averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle Lender shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle Lender with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSallesuch party's capital as a consequence of its obligations hereunder to a level below that which LaSalle Lender could have achieved but for such adoption, change or compliance (taking into consideration LaSalleLender's policies with respect to capital adequacy) by a material amount, then then, from time to time, time after submission by LaSalle Lender to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMAND") together with the certificate described below, the Borrower shall pay to LaSalle Lender such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE") as will compensate LaSalle Lender for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle Lender claiming entitlement to payment as set forth above shall be conclusive deemed presumptively correct in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalleLender, and the method by which such amount was determined. In determining such amount, LaSalle Lender may use any reasonable averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle Agent or any Lender shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle Agent or such Lender with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Datedate hereof, does or shall have the effect of reducing the rate of return on LaSalle's such party’s capital as a consequence of its obligations hereunder to a level below that which LaSalle Agent or such Lender could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's such party’s policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle Agent to the Borrower Borrowers of a written demand therefor (the "CAPITAL ADEQUACY DEMAND"“Capital Adequacy Demand”) together with the certificate described below, the Borrower Borrowers shall pay to LaSalle such party such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE"“Capital Adequacy Charge”) as will compensate LaSalle such party for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle Agent or such Lender claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest errorerror (which shall include the failure of such party to determine the Capital Adequacy Demand in accordance with this subsection). Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalleAgent or such Lender, and the method by which such amount was determined. In determining such amount, LaSalle the applicable party may use any reasonable averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority Governmental Authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's capital as a consequence of its obligations hereunder to a level below that which LaSalle could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMAND") together with the certificate described below, the Borrower shall pay to LaSalle such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE") as will compensate LaSalle for such reduction in respect of its Loans hereunder. A certificate of LaSalle claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalle, and the method by which such amount was determined. In determining such amount, LaSalle may use any averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle Lender shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle Lender with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Datedate hereof, does or shall have the effect of reducing the rate of return on LaSallesuch party's capital as a consequence of its obligations hereunder to a level below that which LaSalle Lender could have achieved but for such adoption, change or compliance (taking into consideration LaSalleLender's policies with respect to capital adequacy) by a material amount, then then, from time to time, time after submission by LaSalle Lender to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMAND") together with the certificate described below, the Borrower shall pay to LaSalle Lender such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE") as will compensate LaSalle Lender for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle Lender claiming entitlement to payment as set forth above shall be conclusive deemed presumptively correct in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalleLender, and the method by which such amount was determined. In determining such amount, LaSalle Lender may use any reasonable averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle In the event that any Lender shall have determined that the adoption (effected after the date hereof) of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, thereof or compliance by LaSalle any Lender with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Dateauthority, does or shall have the effect of reducing the rate of return on LaSallesuch Lender's capital as a consequence of its obligations hereunder to a level below that which LaSalle such Lender could have achieved but for such adoption, change chance or compliance (taking into consideration LaSallesuch Lender's policies with respect to capital adequacy) by a material amountan amount deemed by such Lender, in its reasonable discretion, to be material, then from time to time, after submission by LaSalle such Lender to the Borrower Borrowers of a written demand therefor therefor, which demand shall be made within sixty (the "CAPITAL ADEQUACY DEMAND"60) together with the certificate described belowdays of such reduction, the Borrower Borrowers, on a joint and several basis, shall pay to LaSalle such Lender such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE") as will compensate LaSalle such Lender for such reduction in respect of its Loans hereunderreduction. A certificate of LaSalle claiming such Lendxx xxximing entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reductionpayment, the additional amount of the Capital Adequacy Charge or amounts to be paid to LaSallesuch Lender, and the method by which such amount was amounts were determined. In determining such amount, LaSalle such Lender may use any reasonable averaging and attribution methodmethods. Each Lender and Agent agrees to allocate any such cost increase among its similarly situated customers in good faith and on an equitable basis; provided, applied however, that any such Lender shall not be entitled to such amounts unless similar assessments are imposed by such Lenders on a non-discriminatory basisother comparable borrowers of such Lender.

Capital Adequacy Charge. If LaSalle Bank shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle Bank with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Datedate hereof, does or shall have the effect of reducing the rate of return on LaSalle's such party’s capital as a consequence of its obligations hereunder to a level below that which LaSalle Bank could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's Bank’s policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle Bank to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMAND"“Capital Adequacy Demand”) together with the certificate described below, the Borrower shall pay to LaSalle Bank such additional amount or amounts (the "CAPITAL ADEQUACY CHARGE"“Capital Adequacy Charge”) as will compensate LaSalle Bank for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle Bank claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalleBank, and the method by which such amount was determined. In determining such amount, LaSalle Bank may use any reasonable averaging and attribution method, applied on a non-discriminatory basis. Bank shall not make a Capital Adequacy Demand unless it is making a similar demand from its other borrowers that are similarly situated to Borrower under substantially similar provisions of the loan documents governing its relationship with such other borrowers.

Capital Adequacy Charge. If LaSalle shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's capital as a consequence of its obligations hereunder to a level below that which LaSalle could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMANDCapital Adequacy Demand") together with the 9 certificate described below, the Borrower shall pay to LaSalle such additional amount or amounts (the "CAPITAL ADEQUACY CHARGECapital Adequacy Charge") as will compensate LaSalle for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalle, and the method by which such amount was determined. In determining such amount, LaSalle may use any reasonable averaging and attribution method, applied on a non-discriminatory basis.

Capital Adequacy Charge. If LaSalle shall have determined that the adoption of any law, rule or regulation regarding capital adequacy, or any change therein or in the interpretation or application thereof, or compliance by LaSalle with any request or directive regarding capital adequacy (whether or not having the force of law) from any central bank or governmental authority enacted after the Closing Date, does or shall have the effect of reducing the rate of return on LaSalle's capital as a consequence of its obligations hereunder to a level below that which LaSalle could have achieved but for such adoption, change or compliance (taking into consideration LaSalle's policies with respect to capital adequacy) by a material amount, then from time to time, after submission by LaSalle to the Borrower of a written demand therefor (the "CAPITAL ADEQUACY DEMANDCapital Adequacy Demand") together with the certificate described below, the Borrower shall pay to LaSalle such additional amount or amounts (the "CAPITAL ADEQUACY CHARGECapital Adequacy Charge") as will compensate LaSalle for such reduction in respect of its Loans hereunderreduction, such Capital Adequacy Demand to be made with reasonable promptness following such determination. A certificate of LaSalle claiming entitlement to payment as set forth above shall be conclusive in the absence of manifest error. Such certificate shall set forth the nature of the occurrence giving rise to such reduction, the amount of the Capital Adequacy Charge to be paid to LaSalle, and the method by which such amount was determined. In determining such amount, LaSalle may use any 16 reasonable averaging and attribution method, applied on a non-discriminatory basis.