Common use of Change in Capital Adequacy Requirements Clause in Contracts

Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital as a consequence of its obligations hereunder or the credit which is the subject matter hereof to a level below that which the Lender would have achieved before such adoption, change or compliance (taking into consideration the Lender’s policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally shall pay to the Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for such reduction.

Appears in 7 contracts

Samples: Credit Agreement (Ubs Event Fund, L.L.C.), Credit Agreement (Ubs Equity Opportunity Fund LLC), Credit Agreement (Ubs Technology Partners Lp)

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Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s 's capital as a consequence of its obligations hereunder or the credit which is the subject matter hereof to a level below that which the Lender would have achieved before such adoption, change or compliance (taking into consideration the Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally shall pay to the Lender such Borrower’s 's Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for such reduction.

Appears in 2 contracts

Samples: Credit Agreement (Ubs Event & Equity Fund LLC), Credit Agreement (Ubs Multi-Strat Fund LLC)

Change in Capital Adequacy Requirements. (a) If the Lender Bank shall reasonably determine that the adoption after the date hereof of any generally applicable law, rule rule, or regulation regarding capital adequacy, or any change in any existing law, rule rule, or regulation, or any change in the interpretation or administration thereof, thereof by any governmental authority, central bank bank, or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender Bank (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank bank, or comparable agency, has or would have the effect of reducing the rate of return on the LenderBank’s capital as a consequence of its caused directly by the Bank’s obligations hereunder or for the credit which is the subject matter hereof to a level below that which the Lender would Bank could have achieved before but for such adoption, change change, or compliance (taking into consideration the LenderBank’s policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender Bank to be material, then from time to time, within fifteen (15) 15 days after demand by the LenderBank, each Borrower severally the Borrowers shall pay to the Lender such Borrower’s Pro Rata Share of Bank such additional amount or amounts reasonably determined by the Lender Bank as will compensate the Lender Bank for such reduction. If the Bank makes such a claim for compensation, it shall provide to the Borrowers a certificate setting forth the computation of the additional amount demanded in reasonable detail and such certificate shall constitute prima facie evidence of such additional amount if reasonably determined.

Appears in 1 contract

Samples: Credit Agreement (Hub Group Inc)

Change in Capital Adequacy Requirements. (a) If the Lender shall reasonably determine that the adoption after the date hereof of any applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Lender (or any of its branchesbranches or any corporation having control of the Lender) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s 's capital as a consequence of its obligations hereunder or for the credit which is the subject matter hereof to a level below that which the Lender would could have achieved before but for such adoption, change or compliance (taking into consideration the Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the Lender to be material, then from time to time, within fifteen (15) days after demand by the Lender, each Borrower severally the Borrowers shall pay to the Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the Lender as will compensate the Lender for such the reduction.

Appears in 1 contract

Samples: Secured Credit Agreement (Cycle Country Accessories Corp)

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Change in Capital Adequacy Requirements. (a) If the any Lender shall reasonably determine that the adoption after the date hereof of any generally applicable law, rule or regulation regarding capital adequacy, or any change in any existing law, rule or regulation, or any change in the interpretation or administration thereof, thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the such Lender (or any of its branches) with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the such Lender’s 's capital as a consequence of its caused directly by such Lender's obligations hereunder or for the credit which is the subject matter hereof to a level below that which the such Lender would could have achieved before but for such adoption, change or compliance (taking into consideration the such Lender’s 's policies with respect to liquidity and capital adequacy) by an amount deemed by the such Lender to be material, then from time to time, within fifteen (15) days after demand by the such Lender, each Borrower severally the Borrowers shall pay to the Agent for the account of such Lender such Borrower’s Pro Rata Share of such additional amount or amounts reasonably determined by the such Lender as will compensate the such Lender for such reduction. If a Lender makes such a claim for compensation, it shall provide to any Borrower (with a copy to the Agent) a certificate setting forth the computation of the amount demanded in reasonable detail and the amount reflected in such certificate, shall, if reasonably determined, constitute prima facie evidence.

Appears in 1 contract

Samples: Credit Agreement (Hub Group Inc)

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