Common use of Increased Capital Costs Clause in Contracts

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law of any Government Agency, affects or would affect the amount of capital required or expected to be maintained by the Lender or any Person controlling the Lender, and the Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's capital as a consequence of its Commitments hereunder, issuance of Letters of Credit or the Loans made by the Lender is reduced to a level below that which the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the Lender to the Borrower, the Borrower shall immediately pay directly to the Lender additional amounts sufficient to compensate the Lender or such controlling Person for such reduction in rate of return. A statement of the Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon the Borrower. In determining such amount, the Lender may use any method of averaging and attribution that it (in its reasonable discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law law or regulation, directive, guideline, decision or request of any Government Agencycourt, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by the any Lender or any Person controlling the such Lender, and the such Lender determines (in its sole and absolute discretiondiscretion exercised in good faith) that the rate of return on its or such controlling Person's capital as a consequence of its Commitments hereunder, issuance of Letters of Credit or the Loans made by the such Lender is reduced to a level below that which the such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the such Lender to the Borrower, the Borrower shall immediately pay directly to the such Lender additional amounts sufficient to compensate the such Lender or such controlling Person for such reduction in rate of return. A statement of the such Lender as to any such additional amount or amounts (shall be furnished to Borrower including calculations thereof in reasonable detail) shall, in the absence detail and shall be rebuttable presumptive evidence of manifest error, be conclusive and binding upon the Borrowersuch amounts. In determining such amount, the such Lender may use any method of averaging and attribution that it (in its reasonable discretiondiscretion exercised in good faith) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Government Agencycourt, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by the any Lender or any Person controlling the such Lender, and the such Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's capital as a consequence of its Commitments hereunder, issuance of Letters of Credit or the Loans made by the Lender Loan is reduced to a level below that which the such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the such Lender to the Borrower, the Borrower shall immediately pay directly to the such Lender additional amounts sufficient to compensate the such Lender or such controlling Person for such reduction in rate of return. A statement of the such Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon on the Borrower. In determining such amount, the such Lender may use any method of averaging and attribution that it (in its reasonable sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Government Agencycourt, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by the Lender Lender, or any Person person controlling the Lender, and the Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's person’s capital as a consequence of its Commitments hereunder, issuance of Letters of Credit commitments or the Loans Loan made by the Lender is reduced to a level below that which the Lender or such controlling Person person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the Lender to the Borrower, the Borrower shall immediately pay directly to the Lender additional amounts sufficient to compensate the Lender or such controlling Person person for such reduction in rate of return. A statement of the Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon the on Borrower. In determining such amount, the Lender may use any method of averaging and attribution that it (in its reasonable sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law of any Government Agency, Governmental Agency affects or would affect the amount of capital required or expected to be maintained by the any Lender or any Person controlling the such Lender, and the such Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's capital as a consequence of its Commitments hereunderCommitments, issuance of Letters of Credit or the Loans made by the such Lender is reduced to a level below that which the such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the such Lender to the BorrowerBorrowers, the Borrower Borrowers shall immediately pay directly to the such Lender additional amounts sufficient to compensate the such Lender or such controlling Person for such reduction in rate of return. A statement of the such Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon on the BorrowerBorrowers. In determining such amount, the such Lender may use any method of averaging and attribution that it (in its reasonable discretion) shall deem applicable.

Increased Capital Costs. If After the Effective Date, if any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law of by any Government Agency, affects or would affect the amount of capital required or expected to be maintained by the any Lender or any Person controlling the any Lender, and the such Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's ’s capital as a consequence of its Commitments hereunder, issuance of Letters of Credit hereunder or the Loans made by the such Lender is reduced to a level below that which the such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the such Lender to the BorrowerBorrower and the Administrative Agent, the Borrower shall immediately pay directly to the such Lender additional amounts sufficient to compensate the such Lender or such controlling Person for such reduction in rate of return. A statement of the such Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, shall in the absence of manifest error, be final and conclusive and binding upon on all of the Borrowerparties hereto. In determining such amount, the such Lender may use any method of averaging and attribution that it (in its reasonable discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law law or regulation, directive, guideline, decision or request (whether or not having the force of law) of any Government Agencycourt, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by the Lender or any Person controlling the Lender, and the Lender determines (in its sole and absolute discretion) that the rate of or return on its or such controlling Person's capital as a consequence of its Commitments hereunder, issuance of Letters of Credit or the Loans made by the Lender Loan is reduced to a level below that which the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the Lender to the Borrower, the Borrower shall hereby agrees to pay immediately pay directly to the Lender additional amounts sufficient to compensate the Lender or such controlling Person for such reduction in rate of return. A statement of the to Borrower by Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon the on Borrower. In determining such amount, the Lender may use any method of averaging and attribution that it (in its reasonable sole and absolute discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law of any Government Agency, Governmental Agency affects or would affect the amount of capital required or expected to be maintained by the Lender or any Person controlling the Lender, and the Lender determines (in its sole and absolute discretion) that the rate of return on its or such controlling Person's capital as a consequence of its Commitments hereunderCommitments, issuance of Letters of Credit or the Loans made by the Lender is reduced to a level below that which the Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the Lender to the BorrowerBorrowers, the Borrower Borrowers shall immediately pay directly to the Lender additional amounts sufficient to compensate the Lender or such controlling Person for such reduction in rate of return. A statement of the Lender as to any such additional amount or amounts (including calculations thereof in reasonable detail) shall, in the absence of manifest error, be conclusive and binding upon on the BorrowerBorrowers. In determining such amount, the Lender may use any method of averaging and attribution that it (in its reasonable discretion) shall deem applicable.

Increased Capital Costs. If any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any Applicable Law law or regulation, directive, guideline, decision or request of any Government Agencycourt, central bank, regulator or other governmental authority affects or would affect the amount of capital required or expected to be maintained by the any Lender or any Person controlling the such Lender, and the such Lender determines (in its sole and absolute discretiondiscretion exercised in good faith) that the rate of return on its or such controlling Person's ’s capital as a consequence of its Commitments hereunder, issuance of Letters of Credit or the Loans made by the such Lender is reduced to a level below that which the such Lender or such controlling Person could have achieved but for the occurrence of any such circumstance, then, in any such case upon notice from time to time by the such Lender to the Borrower, the Borrower shall immediately pay directly to the such Lender additional amounts sufficient to compensate the such Lender or such controlling Person for such reduction in rate of return. A statement of the such Lender as to any such additional amount or amounts (shall be furnished to Borrower including calculations thereof in reasonable detail) shall, in the absence detail and shall be rebuttable presumptive evidence of manifest error, be conclusive and binding upon the Borrowersuch amounts. In determining such amount, the such Lender may use any method of averaging and attribution that it (in its reasonable discretiondiscretion exercised in good faith) shall deem applicable.