Common use of Increased Clause in Contracts

Increased. costs If, by reason of the introduction of any law, or any change in any law, or any change in the interpretation or administration of any law, or compliance with any request or requirement from any central bank or any fiscal, monetary or other authority occurring after the date of this Agreement: 10.5.1 the Lender (or the holding company of the Lender) shall be subject to any Tax with respect to payment of all or any part of the Indebtedness; or 10.5.2 the basis of Taxation of payments to the Lender in respect of all or any part of the Indebtedness shall be changed; or 10.5.3 any reserve requirements shall be imposed, modified or deemed applicable against assets held by or deposits in or for the account of or loans by any branch of the Lender except to the extent included in the Mandatory Cost; or 10.5.4 the manner in which the Lender allocates capital resources to its obligations under this Agreement and/or the Master Agreement or any ratio (whether cash, capital adequacy, liquidity or otherwise) which the Lender is required or requested to maintain shall be affected; or 10.5.5 there is imposed on the Lender (or on the holding company of the Lender) any other condition in relation to the Indebtedness or the Finance Documents; and the result of any of the above shall be to increase the cost to the Lender (or to the holding company of the Lender) of the Lender making or maintaining the Loan, or its obligations under the Master Agreement, or to cause the Lender to suffer (in its opinion) a material reduction in the rate of return on its overall capital below the level which it reasonably anticipated at the date of this Agreement and which it would have been able to achieve but for its entering into this Agreement or the Master Agreement, and/or performing its obligations under this Agreement or the Master Agreement, the Lender shall notify the Borrowers and the Borrowers shall from time to time pay to the Lender on demand the amount which shall compensate the Lender (or the holding company of the Lender) for such additional cost or reduced return. A certificate signed by an authorised signatory of the Lender setting out the amount of that payment and the basis of its calculation shall be submitted to the Borrowers and shall be conclusive evidence of such amount save for manifest error or on any question of law.

Increased. costs If, by reason of the introduction of any law, or any change in any law, or any change in the interpretation or administration of any law, or compliance with any request or requirement from any central bank or any fiscal, monetary or other authority occurring after the date of this Agreement: 10.5.1 the Lender a Creditor Party (or the holding company of the Lendera Creditor Party) shall be subject to any Tax with respect to payment of all or any part of the Indebtedness; or 10.5.2 the basis of Taxation of payments to the Lender a Creditor Party in respect of all or any part of the Indebtedness shall be changed; or 10.5.3 any reserve requirements shall be imposed, modified or deemed applicable against assets held by or deposits in or for the account of or loans by any branch of the Lender except to the extent included in the Mandatory Costa Creditor Party; or 10.5.4 the manner in which the Lender a Creditor Party allocates capital resources to its obligations under this Agreement and/or the Master Agreement or any ratio (whether cash, capital adequacy, liquidity or otherwise) which the Lender a Creditor Party is required or requested to maintain shall be affected; or 10.5.5 there is imposed on the Lender a Creditor Party (or on the holding company of the Lendera Creditor Party) any other condition in relation to the Indebtedness or the Finance Creditor Documents; and the result of any of the above shall be to increase the cost to the Lender a Creditor Party (or to the holding company of the Lendera Creditor Party) of the Lender that Creditor Party making or maintaining the Loanits Commitment, or its obligations under the Master Agreement, or to cause the Lender a Creditor Party to suffer (in its opinion) a material reduction in the rate of return on its overall capital below the level which it reasonably anticipated at the date of this Agreement and which it would have been able to achieve but for its entering into this Agreement or the Master Agreement, and/or performing its obligations under this Agreement or the Master Agreement, the Lender Creditor Party affected shall notify the Borrowers Agent and the Borrowers shall from time to time pay to the Lender Agent on demand for the account of that Creditor Party the amount which shall compensate the Lender that Creditor Party (or the relevant holding company of the Lendercompany) for such additional cost or reduced return. A certificate signed by an authorised signatory of the Lender that Creditor Party setting out the amount of that payment and the basis of its calculation shall be submitted to the Borrowers and shall be conclusive evidence of such amount save for manifest error or on any question of law.