Common use of Reduced Return Clause in Contracts

Reduced Return. If any Lender or the Issuing Bank shall reasonably -------------- have determined that, after the date hereof, the adoption of any applicable law, regulation, rule or regulatory requirement ("Requirement") regarding capital ----------- adequacy, or any change therein, or any change in the interpretation or administration thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender or the Issuing Bank with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on any Lender's or the Issuing Bank's capital as a consequence of its undrawn Commitments and obligations hereunder, the Letters of Credit issued hereunder or its obligation to purchase a participation in the Letters of Credit to a level below that which would have been achieved but for such Requirement, change or compliance (taking into consideration that Lender's or the Issuing Bank's, as the case may be, policies with respect to capital adequacy) by an amount deemed by that Lender or the Issuing Bank, as the case may be, to be material, then from time to time, within five (5) Business Days after demand by such Lender or the Issuing Bank, as the case may be, the Borrower shall pay to that Lender or the Issuing Bank, as the case may be, such additional amount or amounts as will compensate that Lender or the Issuing Bank, as the case may be, for such reduction.

Reduced Return. If any Lender or the Issuing Bank shall reasonably -------------- have determined that, after the date hereof, the adoption adoption, phase-in, effectiveness or applicability of any applicable law, regulation, rule rule, treaty, order or regulatory requirement ("RequirementREQUIREMENT") regarding capital ----------- adequacy, or any change therein, or any change in the interpretation or administration thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender or the Issuing Bank with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on any Lender's or the Issuing Bank's capital as a consequence of its undrawn Commitments and obligations hereunder, the Letters of Credit issued hereunder or its obligation to purchase a participation in the Letters of Credit to a level below that which would have been achieved but for such Requirement, change or compliance (taking into consideration that Lender's or the Issuing Bank's, as the case may be, policies with respect to capital adequacy) by an amount deemed by that Lender or the Issuing Bank, as the case may be, to be material, then from time to time, within five (5) Business Days after demand by such Lender or the Issuing Bank, as the case may be, the Borrower shall pay to that Lender or the Issuing Bank, as the case may be, such additional amount or amounts as will compensate that Lender or the Issuing Bank, as the case may be, for such reduction.