Common use of Capital and Liquidity Requirements Clause in Contracts

Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office of such Lender or such Lender’s holding company, if any, regarding liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments of such Lender or the Loans made by such Lender to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to liquidity requirements and capital adequacy), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments Individual Commitment of such Lender or the Loans extensions of credit made by such Lender it, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity requirements and capital adequacyrequirements), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered, such amount or amounts to be determined in the sole and absolute discretion of the relevant Lender, acting reasonably.

Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments Individual Commitment of such Lender or the Loans made by, Bankers’ Acceptances accepted by it or the Letters issued or participated in by such Lender Lender, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity requirements and capital adequacyrequirements), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments of such Lender or the Loans made by such Lender to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to capital adequacy and liquidity requirements and capital adequacycoverage), then then, upon request of such Administrative Agent, from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, time the Borrower Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office of such Lender or such Lender’s holding company, if any, regarding liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan New Money DIP Commitments of such Lender or the Loans made by such Lender to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to liquidity requirements and capital adequacy), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments Commitment of such Lender or its Pro Rata Share of the Loans made by such Lender Loan by, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity requirements and capital adequacyrequirements), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, time the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered, such amount or amounts to be determined in the sole and absolute discretion of the Lender.

Capital and Liquidity Requirements. If any Lender determines in its sole and absolute discretion that any Change in Law affecting such Lender or any Lending Office lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments Individual Commitment of such Lender or the Loans made by, Bankers’ Acceptances accepted by it or the Letters issued or participated in by such Lender Lender, to a level below that which such Lender or such Lender’s its holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s its holding company with respect to to, as applicable, capital adequacy or liquidity requirements and capital adequacyrequirements), then from time to time, upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04, time the Borrower Borrowers and the Parent will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s its holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender determines in good faith that any Change in Law affecting such Lender or any Lending Office Installation of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments of such Lender or the Loans made by by, or participations in Swing Loans held by, such Lender Lender, to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to liquidity requirements and capital adequacy)) by an amount deemed by such Lender to be material, then from time to time, time upon request by delivery of a certificate pursuant to subsection (c) of this such Lender and in accordance with Section 3.043.7, the Borrower Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.. 52 364-Day Revolving Credit Agreement

Capital and Liquidity Requirements. If any Lender determines that any Change in Law affecting such Lender or any Lending Office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments Commitment of such Lender or the Loans made by such Lender Lender, to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such 40 Lender’s policies and the policies of such Lender’s holding company with respect to liquidity requirements and capital adequacyadequacy or liquidity), then then, from time to time, time upon request by delivery of a certificate pursuant to subsection (c) of this Section 3.04such Lender, the Borrower will pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered. The Borrower and each applicable Designated Borrower shall have the rights specified in Section 11.13 in respect of any Lender for whose account the Borrower or such Designated Borrower makes any payment under this Section 3.04(b).

Capital and Liquidity Requirements. If any Lender determines in good faith that any Change in Law affecting such Lender or any Lending Office Installation of such Lender or such Lender’s holding company, if any, regarding capital or liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement, the Initial Loan Commitments of such Lender or the Loans made by by, such Lender Lender, to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such LenderXxxxxx’s holding company with respect to liquidity requirements and capital adequacy)) by an amount deemed by such Lender to be material, then from time to time, time upon request by delivery of a certificate pursuant to subsection (c) of this such Lender and in accordance with Section 3.043.7, the Borrower Borrowers will pay to such Lender such additional amount or amounts as will compensate such Lender or such LenderXxxxxx’s holding company for any such reduction suffered.