Common use of Capital and Liquidity Requirements Clause in Contracts

Capital and Liquidity Requirements. If any Lender or any Issuing Lender determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lender’s capital or on the capital of such Lender’s or such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Issuing Lender, to a level below that which such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lender’s policies and the policies of such Lender’s or such Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any the Issuing Lender Bank determines that any Change in Law affecting such Lender or such the Issuing Lender Bank or any lending office of such Lender or such Issuing Lender or such Lender’s or such the Issuing LenderBank’s holding company, if any, regarding liquidity or capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such the Issuing LenderBank’s capital or on the capital of such Lender’s (or such the Issuing Lender’s Bank’s) holding company, if any, as a consequence of this Credit Agreement, the Commitment Commitments of such Lender or the Issuing Bank or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by such the Issuing LenderBank, to a level below that which such Lender or such the Issuing Lender Bank or such Lender’s or such the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the Issuing LenderBank’s policies and the policies of such Lender’s or such the Issuing LenderBank’s holding company with respect to liquidity and capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the Issuing LenderBank, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such the Issuing Lender Bank or such Lender’s or such the Issuing LenderBank’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender the Letter of Credit Issuer determines that any Change in Law affecting such Lender or such Issuing Lender the Letter of Credit Issuer or any lending office Lending Office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s capital or on the capital of such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Issuing Lenderthe Letter of Credit Issuer, to a level below that which such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s policies and the policies of such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time upon written request of such Lender or such Letter of Credit Issuer, as applicable, the Borrower will Parties shall promptly pay to such Lender or such Issuing Lenderthe Letter of Credit Issuer, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender Bank determines that any Change in Law affecting such Lender or such Issuing Lender Bank or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing LenderBank’s holding company, if any, regarding capital or liquidity requirements requirements, has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing LenderBank’s capital or on the capital of such Lender’s or such Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Issuing LenderBank, to a level below that which such Lender or such Issuing Lender Bank or such Lender’s or such Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing LenderBank’s policies and the policies of such Lender’s or such Issuing LenderBank’s holding company with respect to capital adequacy and or liquidity), then from time to time upon request of such Lender or Issuing Bank the Borrower will pay to such Lender or such Issuing LenderBank, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender Bank or such Lender’s or such Issuing LenderBank’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lender’s capital or on the capital of such Lender’s or such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment (or the Swingline Commitment) of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by such Issuing Lender, to a level below that which such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lender’s policies and the policies of such Lender’s or such Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any the Issuing Lender determines that any Change in Law affecting such Lender or such the Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such the Issuing Lender’s holding company, if any, regarding capital or and liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such the Issuing Lender’s capital or on the capital of such Lender’s or such the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such the Issuing Lender, to a level below that which such Lender or such the Issuing Lender or such Lender’s or such the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the Issuing Lender’s policies and the policies of such Lender’s or such the Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such the Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such the Issuing Lender or such Lender’s or such the Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender (including Swing Line Lender) or any Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or such Issuing Lender LC Issuer or any lending office of such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or such Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender hereunder or the Loans made by, or participations in Letters of Credit and Swing Line Loans held by, such Lender, or the Letters of Credit issued by such Issuing LenderLC Issuer, to a level below that which such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing LenderLC Issuer’s policies and the policies of such Lender’s or such Issuing LenderLC Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Credit Parties will pay to such Lender or such Issuing LenderLC Issuer, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender the Letter of Credit Issuer determines that any Change in Law affecting such Lender or such Issuing Lender the Letter of Credit Issuer or any lending office Lending Office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, regarding capital requirements or liquidity requirements liquidity, has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s capital or on the capital of such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Issuing Lenderthe Letter of Credit Issuer, to a level below that which such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s policies and the policies of such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time upon written request of such Lender or such Letter of Credit Issuer, as applicable, the Borrower will Parties shall promptly pay to such Lender or such Issuing Lenderthe Letter of Credit Issuer, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lender’s capital or on the capital of such Lender’s or such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender or Lender, the Loans made by, or participations in Letters of Credit held by, by such Lender, Lender or the Letters of Credit issued by such Issuing Lender, to a level below that which such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lender’s policies and the policies of such Lender’s or such Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such Issuing Lender, as the case may be, in Dollars, Lender such additional amount or amounts as will compensate such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender the Letter of Credit Issuer determines that any Change in Law affecting such Lender or such Issuing Lender the Letter of Credit Issuer or any lending office Lending Office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, regarding capital requirements or liquidity requirements liquidity, has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s capital or on the capital of such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such LenderXxxxxx, or the Letters of Credit issued by such Issuing Lenderthe Letter of Credit Issuer, to a level below that which such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s policies and the policies of such LenderXxxxxx’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time upon written request of such Lender or such Letter of Credit Issuer, as applicable, the Borrower will Parties shall promptly pay to such Lender or such Issuing Lenderthe Letter of Credit Issuer, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender the Letter of Credit Issuer or such Lender’s or such Issuing Lenderthe Letter of Credit Issuer’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any the Issuing Lender determines that any Change in Law affecting such Lender or such the Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such the Issuing Lender’s holding company, if any, regarding capital or and liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such the Issuing Lender’s capital or on the capital of such Lender’s or such the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by such the Issuing Lender, to a level below that which such Lender or such the Issuing Lender or such Lender’s or such the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the Issuing Lender’s policies and the policies of such Lender’s or such the Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such the Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such the Issuing Lender or such Lender’s or such the Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s 's or such [[NYCORP:3318923v15:3100C: 06/26/2012--05:12 p]] Issuing Lender’s 's holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s 's or such Issuing Lender’s 's capital or on the capital of such Lender’s 's or such Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender or Lender, the Loans made by, or participations in Letters of Credit held by, by such Lender, Lender or the Letters of Credit issued by such Issuing Lender, to a level below that which such Lender or such Issuing Lender or such Lender’s 's or such Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or such Issuing Lender’s 's policies and the policies of such Lender’s 's or such Issuing Lender’s 's holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such Issuing Lender, as the case may be, in Dollars, Lender such additional amount or amounts as will compensate such Lender or such Issuing Lender or such Lender’s 's or such Issuing Lender’s 's holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any Issuing Lender determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing Lender’s capital or on the capital of such Lender’s or such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitment (or the Swingline Commitment) of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by such Issuing Lender, to a level below that which such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Lender’s policies and the policies of such Lender’s or such Issuing Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender or any the Issuing Lender Bank determines that any Change in Law affecting such Lender or such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has had or would have the effect of reducing the rate of return on such Lender’s or such the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing Bank’s holding company, if any (or would have the effect of reducing the liquidity of such Issuing Lender or such Lender’s holding company, if any), as a consequence of this Agreement, the Commitment of such Lender Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such the Issuing LenderBank, to a level below that which such Lender or such the Issuing Lender Bank or such Lender’s or such the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the Issuing LenderBank’s policies and the policies of such Lender’s or such the Issuing LenderBank’s holding company with respect to capital adequacy and liquidityor liquidity position), by an amount deemed to be material by such Lender or the Issuing Bank, then from time to time the Borrower will pay to such Lender or such the Issuing LenderBank, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such the Issuing Lender Bank or such Lender’s or such the Issuing LenderBank’s holding company for any such reduction suffered.

Capital and Liquidity Requirements. If any Lender (including Swing Line Lender) or any Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or such Issuing Lender LC Issuer or any lending office of such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has had or would have the effect of reducing the rate of return on such Lender’s or such Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or such Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitment Commitments of such Lender hereunder or the Loans made by, or participations in Letters of Credit and Swing Line Loans held by, such Lender, or the Letters of Credit issued by such Issuing LenderLC Issuer, to a level below that which such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing LenderLC Issuer’s policies and the policies of such Lender’s or such Issuing LenderLC Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Credit Parties will pay to such Lender or such Issuing LenderLC Issuer, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or such Issuing Lender LC Issuer or such Lender’s or such Issuing LenderLC Issuer’s holding company for any such reduction suffered.. (c)