Common use of Change in Circumstances Yield Protection Clause in Contracts

Change in Circumstances Yield Protection. (a Certain Regulatory Changes. If any Regulatory Change or compliance by the Banks with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, the Banks; (ii) impose on the Banks any other condition regarding the Notes; (iii) subject the Banks to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing the Banks to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from AeroCentury; or (iv) change the basis of taxation of payments from AeroCentury to the Banks (other than by reason of a change in the method of taxation of a Bank's net income); and the result of any of the foregoing events is to increase the cost to a Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by the Bank hereunder in respect of any Loan, National City will immediately so notify AeroCentury. If a Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by National City to AeroCentury, AeroCentury shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate the Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a a) Certain Regulatory Changes. If any Regulatory Change or compliance by the Banks any Bank with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, the Banksany Bank; (ii) impose on the Banks any Bank any other condition regarding the Notes; (iii) subject the Banks any Bank to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing the Banks any Bank to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from AeroCenturyBorrowers; or (iv) change the basis of taxation of payments from AeroCentury Borrowers to the Banks any Bank (other than by reason of a change in the method of taxation of a any Bank's net income); and the result of any of the foregoing events is to increase the cost to a any Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by the any Bank hereunder in respect of any Loan, National City First Union will immediately so notify AeroCenturyBorrowers. If a any Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by National City First Union to AeroCenturyBorrowers, AeroCentury Borrowers shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate the that Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a a) Certain Regulatory Changes. If any Regulatory Change or compliance by the Banks any Bank with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, the Banksany Bank; (ii) impose on the Banks any Bank any other condition regarding the Notes; (iii) subject the Banks any Bank to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing the Banks any Bank to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from AeroCenturythe Borrowers; or (iv) change the basis of taxation of payments from AeroCentury the Borrowers to the Banks any Bank (other than by reason of a change in the method of taxation of a any Bank's net income); and the result of any of the foregoing events is to increase the cost to a any Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by the any Bank hereunder in respect of any Loan, National City the Administrative Agent will immediately so notify AeroCenturythe Borrowers. If a any Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by National City the Administrative Agent to AeroCenturythe Borrowers, AeroCentury the Borrowers shall pay to such Bank on each interest payment date of the LoanLoans, such additional amount as shall be necessary to compensate the that Bank for such increased cost or reduced amount.

Change in Circumstances Yield Protection. (a a) Certain Regulatory Changes. If any Regulatory Change or compliance by the Banks with any request made after the date of this Agreement by the Board of Governors of the Federal Reserve System or by any Federal Reserve Bank or other central bank or fiscal, monetary or similar authority (in each case whether or not having the force of law) shall (i) impose, modify or make applicable any reserve, special deposit, Federal Deposit Insurance Corporation premium or similar requirement or imposition against assets held by, or deposits in or for the account of, or loans made by, or any other acquisition of funds for loans or advances by, the Banks; (ii) impose on the Banks any other condition regarding the Notes; (iii) subject the Banks to, or cause the withdrawal or termination of any previously granted exemption with respect to, any tax (including any withholding tax but not including any income tax not currently causing the Banks to be subject to withholding) or any other levy, impost, duty, charge, fee or deduction on or from any payments due from AeroCentury; or (iv) change the basis of taxation of payments from AeroCentury to the Banks (other than by reason of a change in the method of taxation of a Bank's net income); and the result of any of the foregoing events is to increase the cost to a Bank of making or maintaining any Loan or to reduce the amount of principal, interest or fees to be received by the Bank hereunder in respect of any Loan, National City First Union will immediately so notify AeroCentury. If a Bank determines in good faith that the effects of the change resulting in such increased cost or reduced amount cannot reasonably be avoided or the cost thereof mitigated, then upon notice by National City First Union to AeroCentury, AeroCentury shall pay to such Bank on each interest payment date of the Loan, such additional amount as shall be necessary to compensate the Bank for such increased cost or reduced amount.