Common use of Increased Cost Charges and Capital Adequacy Charges Clause in Contracts

Increased Cost Charges and Capital Adequacy Charges. (1) If after the Effective Date there is any increase in the cost to BNPPLC’s Parent or any Participant agreeing to make or making, funding or maintaining advances to BNPPLC in connection with the Property because of any Banking Rules Change, then BNPPLC may agree or become obligated to pay to BNPPLC’s Parent or such Participant, as the case may be, additional amounts (“Increased Cost Charges”) sufficient to compensate BNPPLC’s Parent or the Participant for such increased costs. Any Increased Cost Charges paid by BNPPLC or for which BNPPLC becomes obligated to pay, prior to the Completion Date, will be added to the Outstanding Construction Allowance by BNPPLC.

Appears in 4 contracts

Samples: Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.)

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Increased Cost Charges and Capital Adequacy Charges. (1) If after the Effective Date there is any increase in the cost to BNPPLC’s Parent or any other Participant agreeing to make or making, funding or maintaining advances to BNPPLC in connection with the Property because of any Banking Rules Change, then BNPPLC may agree or become obligated to pay to BNPPLC’s Parent or such other Participant, as the case may be, additional amounts (“Increased Cost Charges”) sufficient to compensate BNPPLC’s Parent or the Participant for such increased costs. Any Increased Cost Charges paid by BNPPLC or for which BNPPLC becomes obligated to pay, prior to the Completion Date, will be added to the Outstanding Construction Allowance by BNPPLC.

Appears in 2 contracts

Samples: Construction Agreement (Network Appliance Inc), Construction Management Agreement (Network Appliance Inc)

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Increased Cost Charges and Capital Adequacy Charges. (1) If after the Effective Date and prior to the Completion Date there is any increase in the cost to BNPPLC’s Parent or any Participant of agreeing to make or making, funding or maintaining advances to BNPPLC in connection with the Property because of any Banking Rules Change, then BNPPLC may agree or become obligated to pay to BNPPLC’s Parent or such Participant, as the case may be, additional amounts (“Increased Cost Charges”) sufficient to compensate BNPPLC’s Parent or the Participant for such increased costs. Any Increased Cost Charges paid by BNPPLC or for which BNPPLC becomes obligated to pay, prior to the Completion Date, will be added to the Outstanding Construction Allowance by BNPPLC.

Appears in 2 contracts

Samples: Construction Agreement (Lam Research Corp), Construction Agreement (Lam Research Corp)

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