Common use of Increased Commitment Costs Clause in Contracts

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Agent of such determination. Thereafter, the Borrowers shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed to such Lender and the basis of the calculation thereof in reasonable detail), additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender shall afford treatment to Borrowers under this Section which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Agent then, within five Business Days after demand of such determination. ThereafterLender, the Borrowers Borrower shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified by such Lender and the basis of the calculation thereof in reasonable detail)Lender, additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender shall afford treatment endeavor to Borrowers assure that each demand made of Borrower under this Section affords treatment to Borrower which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Effective Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's ’s or such corporation's ’s policies with respect to capital adequacy and such Lender's ’s desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Administrative Agent of such determination. Thereafter, the Borrowers shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed to such Lender and the basis of the calculation thereof in reasonable detail), additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender shall afford treatment to Borrowers under this Section 3.7 which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Signing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's ’s or such corporation's ’s policies with respect to capital adequacy and such Lender's ’s desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Administrative Agent of such determination. Thereafter, the Borrowers shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed to such Lender and the basis of the calculation thereof in reasonable detail), additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender shall afford treatment to Borrowers under this Section 3.7 which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender Certificate Purchaser shall determine that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender Certificate Purchaser (or its Eurodollar Lending Office) or any corporation controlling the LenderCertificate Purchaser, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender Certificate Purchaser or any corporation controlling such Lender Certificate Purchaser and (taking into consideration such LenderCertificate Purchaser's or such corporation's policies with respect to capital adequacy and such LenderCertificate Purchaser's desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreementthe Operative Documents, then such Lender shall promptly give notice to the Borrowers and the Agent then, within five (5) Business Days after demand of such determination. ThereafterCertificate Purchaser, the Borrowers Lessee shall pay to such LenderCertificate Purchaser, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified by such Lender and the basis of the calculation thereof in reasonable detail), Certificate Purchaser additional amounts sufficient to compensate such Lender Certificate Purchaser in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreementthe Operative Documents. Each Lender Certificate Purchaser shall afford treatment endeavor to Borrowers assure that each demand made of Lessee under this Section affords treatment to Lessee which is substantially similar to that which such Lender Certificate Purchaser affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's ’s or such corporation's ’s policies with respect to capital adequacy and such Lender's ’s desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreementthe Operative Documents, then such Lender shall promptly give notice to the Borrowers and the Agent then, within five (5) Business Days after demand of such determination. ThereafterLender, the Borrowers Lessees shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified by such Lender and the basis of the calculation thereof in reasonable detail), additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreementthe Operative Documents. Each Lender shall afford treatment endeavor to Borrowers assure that each demand made of Lessees under this Section affords treatment to Lessees which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine in good faith that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines guideline or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines in good faith that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Agent then, within ten (10) Banking Days after demand of such determination. ThereafterLender, the Borrowers Borrower shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified in good faith by such Lender and the basis of the calculation thereof in reasonable detail)Lender, additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender's determination of such amounts shall be conclusive in the absence of manifest error. If Borrower is required to (and does) pay any Lender shall afford treatment to Borrowers a material amount under this Section which is substantially similar to Section, provided that which no Default or Event of Default then exists, Borrower may cause such Lender affords to its other similarly situated customersbe removed as a Lender under this Agreement pursuant to Section 11.23.

Increased Commitment Costs. If any Lender shall determine in good faith that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar LIBOR Lending Office) or any corporation controlling the Lender, with any request, guidelines guideline or directive regarding capital adequacy (whether or not having the force of lawLaw) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines in good faith that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then then, within ten Business Days after demand of such Lender shall promptly give notice to the Borrowers Lender, Borrower and the Agent of such determination. Thereafter, the Co-Borrowers shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified in good faith by such Lender and the basis of the calculation thereof in reasonable detail)Lender, additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement, provided that Borrower and the Co-Borrowers shall not be obligated to pay any such amount which arose prior to the date which is ninety days preceding the date of such demand or is attributable to periods prior to the date which is ninety days preceding the date of such demand. Each Lender Lender's determination of such amounts shall afford treatment to Borrowers under this Section which is substantially similar to that which such Lender affords to its other similarly situated customers.be conclusive in the absence of manifest W02-WEST:LAR\4000119853.8

Increased Commitment Costs. If any Lender shall determine that the introduction after the Closing Date of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines or directive regarding capital adequacy (whether or not having the force of law) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Administrative Agent of such determination. Thereafter, the Borrowers shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed to such Lender and the basis of the calculation thereof in reasonable detail), additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement. Each Lender shall afford treatment to Borrowers under this Section 3.7 which is substantially similar to that which such Lender affords to its other similarly situated customers.

Increased Commitment Costs. If any Lender shall determine in good faith that the introduction after the Closing Date date hereof of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines guideline or directive regarding capital adequacy (whether or not having the force of lawLaw) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines in good faith that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Agent then, within ten Business Days after demand of such determination. ThereafterLender, the Borrowers Borrower shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified in good faith by such Lender and the basis of the calculation thereof in reasonable detail)Lender, additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement, PROVIDED that Borrower shall not be obligated to pay any such amount which arose prior to the date which is ninety days preceding the date of such demand or is attributable to periods prior to the date which is ninety days preceding the date of such demand. Each Lender's determination of such amounts shall be conclusive in the absence of manifest error. Any request for compensation by a Lender shall afford treatment to Borrowers under this Section shall set forth the basis upon which it has been determined that such an amount is substantially similar to due from Borrower, a calculation of the amount due, and a certification that which such Lender affords to its other similarly situated customersthe corresponding costs or diminished rate of return on capital have been incurred or sustained by the Lender.

Increased Commitment Costs. If any Lender shall determine in good faith that the introduction after the Closing Date date hereof of any applicable law, rule, regulation or guideline regarding capital adequacy, or any change therein or any change in the interpretation or administration thereof by any central bank or other Governmental Agency charged with the interpretation or administration thereof, or compliance by such Lender (or its Eurodollar Lending Office) or any corporation controlling the Lender, with any request, guidelines guideline or directive regarding capital adequacy (whether or not having the force of lawLaw) of any such central bank or other authority, affects or would affect the amount of capital required or expected to be maintained by such Lender or any corporation controlling such Lender and (taking into consideration such Lender's or such corporation's policies with respect to capital adequacy and such Lender's desired return on capital) determines in good faith that the amount of such capital is increased, or the rate of return on capital is reduced, as a consequence of its obligations under this Agreement, then such Lender shall promptly give notice to the Borrowers and the Agent then, within ten Business Days after demand of such determination. ThereafterLender, the Borrowers Borrower shall pay to such Lender, within five Business Days following written demand therefor (setting forth the additional amounts owed from time to time as specified in good faith by such Lender and the basis of the calculation thereof in reasonable detail)Lender, additional amounts sufficient to compensate such Lender in light of such circumstances, to the extent reasonably allocable to such obligations under this Agreement, PROVIDED that the Borrower shall not be obligated to pay any such amount which arose prior to the date which is ninety days preceding the date of such demand or is attributable to periods prior to the date which is ninety days preceding the date of such demand. Each Lender's determination of such amounts shall be conclusive in the absence of manifest error. Any request for compensation by a Lender shall afford treatment to Borrowers under this Section shall set forth the basis upon which it has been determined that such an amount is substantially similar to due from the Borrower, a calculation of the amount due, and a certification that which such Lender affords to its other similarly situated customersthe corresponding costs or diminished rate of return on capital have been incurred or sustained by the Lender.