Common use of Regulation D Compensation Clause in Contracts

Regulation D Compensation. For so long as any Participant is required to maintain reserves against "Eurocurrency liabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or Certificate, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee in which case such additional interest on the Construction Loans or Certificate Amount of such Participant shall be payable to such Participant at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five Business Days prior to each date on which interest is payable on the Construction Loans or Certificate an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For During the Term, for so long as any Participant the Lessor (or FBTC) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant the Lessor to United States residents), and, as a result, the cost to such Participant the Lessor (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount Advances is increased, then such Participant the Lessor may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateRent, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (A) the applicable -42- Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing In the event that the Lessor wishes to require payment of such additional amount amount, the Lessor (x) shall so notify the Lessee Lessee, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant Rent shall be payable to such Participant the Lessor at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five Business Days prior to each date on which interest Rent is payable on the Construction Loans or Certificate an officer's a certificate setting forth the amount to which such Participant it is then entitled under this Section (which shall be consistent with such Participant's its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For During the Term, for so long as any Participant the Lessor (or SELCO) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant the Lessor to United States residents), and, as a result, the cost to such Participant the Lessor (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount Advances is increased, then such Participant the Lessor may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateRent, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing In the event that the Lessor wishes to require payment of such additional amount amount, the Lessor (x) shall so notify the Lessee Lessee, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant Rent shall be payable to such Participant the Lessor at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five Business Days prior to each date on which interest Rent is payable on the Construction Loans or Certificate an officer's a certificate setting forth the amount to which such Participant it is then entitled under this Section (which shall be consistent with such Participant's its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long as any Participant is required to maintain reserves increase its existing reserve percentage against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest rate on Loans its Participation Interest in any Advance is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making purchasing or maintaining its Construction Loans or Certificate Amount Participation Interest in any Advance is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or Certificate, Advances an additional amount on the related Construction Loan or Certificate Amount Participation Interest of such Participant in the Advances at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee and the Agent, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant its Participation Interest in any Advance shall be payable to such Participant at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest is payable on the Construction Loans or Certificate Advance an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long as any ------------------------- Participant is required to maintain reserves increase its existing reserve percentage against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest rate on Loans its Participation Interest in any Advance is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making purchasing or maintaining its Construction Loans or Certificate Amount Participation Interest in any Advance is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or Certificate, Advances an additional amount on the related Construction Loan or Certificate Amount Participation Interest of such Participant in the Advances at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements ----- and (ii) the applicable Eurodollar Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee and the Agent, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant its Participation Interest in any Advance shall be payable to such Participant at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest is payable on the Construction Loans or Certificate Advance an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For If and so long as any Participant a reserve requirement of the type described in the definition of "Euro-Dollar Reserve Percentage" is required to maintain reserves against "Eurocurrency liabilities" prescribed by the Board of Governors of the Federal Reserve System of the United States (or any other category of liabilities which include deposits by reference to which the interest on Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residentssuccessor), and, as a result, the cost each Purchaser subject to such Participant (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount is increased, then such Participant requirement may require the Lessee Issuer to pay, contemporaneously with each payment of interest on the Construction Loans or Certificate, an additional amount on the related Construction Loan or Certificate Amount each of such Participant Purchaser's Notes, additional interest on such Note at a rate per annum determined by such Purchaser up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate LIBOR divided by (B) one minus the Eurocurrency Euro-Dollar Reserve Requirements and Percentage over (ii) the applicable Eurodollar RateLIBOR. Any Participant Purchaser wishing to require payment of such additional amount interest (x) shall so notify the Lessee Issuer and the Administrative Agent (and, in the case of any Participant, the respective Purchaser), in which case such additional interest on the Construction Loans Note or Certificate Amount Notes of such Participant Purchaser shall be payable to such Participant Purchaser at the place indicated in such notice with respect to each Interest Period commencing at least three Euro-Dollar Business Days after the giving of such Purchaser gives such notice and (y) shall furnish to notify the Lessee Issuer at least five Euro-Dollar Business Days prior to before each date on which interest is payable on the Construction Loans Note or Certificate an officer's certificate setting forth Notes of the amount to which such Participant is then entitled due it under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth thereinSection. Subject to the provisions limitations of Section 9.310.06(b), all amounts referenced in each Participant shall be entitled to the benefits of this Section 13.7 payable or incurred during 2.11 as if it were a Purchaser of the Interim Term Note in which it holds a participation and shall be paid through Advances present any claim in respect thereof to the extent they are included in relevant Purchaser, which shall forward such claim to the Approved Construction BudgetIssuer.

Regulation D Compensation. For so long as any Participant is required by a Change of Law to maintain reserves increase its existing reserve percentage above that applicable under existing law as of the Effective Date against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest rate on Loans its Participation Interest in any Advance is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making purchasing or maintaining its Construction Loans or Certificate Amount Participation Interest in any Advance is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest or Yield on the Construction Loans or Certificate, Advances an additional amount on the related Construction Loan or Certificate Amount Participation Interest of such Participant in the Advances at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee and the Agent, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant its Participation Interest in any Advance shall be payable to such Participant at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest is payable on the Construction Loans or Certificate Advance an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long as any Participant is ------------------------- required by a Change of Law to maintain reserves increase its existing reserve percentage above that applicable under existing law as of the Effective Date against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest rate on Loans its Participation Interest in any Advance is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making purchasing or maintaining its Construction Loans or Certificate Amount Participation Interest in any Advance is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest or Yield on the Construction Loans or Certificate, Advances an additional amount on the related Construction Loan or Certificate Amount Participation Interest of such Participant in the Advances at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee and the Agent, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant its Participation Interest in any Advance shall be payable to such Participant at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest is payable on the Construction Loans or Certificate Advance an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For If and so long as any Participant a reserve requirement of the type described in the definition of “Euro-Dollar Reserve Percentage” is required to maintain reserves against "Eurocurrency liabilities" prescribed by the Board of Governors of the Federal Reserve System of the United States (or any other category of liabilities which include deposits by reference to which the interest on Loans is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residentssuccessor), and, as a result, the cost each Purchaser subject to such Participant (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount is increased, then such Participant requirement may require the Lessee Issuer to pay, contemporaneously with each payment of interest on the Construction Loans or Certificate, an additional amount on the related Construction Loan or Certificate Amount each of such Participant Purchaser’s Notes, additional interest on such Note at a rate per annum determined by such Purchaser up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate LIBOR divided by (B) one minus the Eurocurrency Euro-Dollar Reserve Requirements and Percentage over (ii) the applicable Eurodollar RateLIBOR. Any Participant Purchaser wishing to require payment of such additional amount interest (x) shall so notify the Lessee Issuer and the Administrative Agent (and, in the case of any Participant, the respective Purchaser), in which case such additional interest on the Construction Loans Note or Certificate Amount Notes of such Participant Purchaser shall be payable to such Participant Purchaser at the place indicated in such notice with respect to each Interest Period commencing at least three Euro-Dollar Business Days after the giving of such Purchaser gives such notice and (y) shall furnish to notify the Lessee Issuer at least five Euro-Dollar Business Days prior to before each date on which interest is payable on the Construction Loans Note or Certificate an officer's certificate setting forth Notes of the amount to which such Participant is then entitled due it under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth thereinSection. Subject to the provisions limitations of Section 9.310.06(b), all amounts referenced in each Participant shall be entitled to the benefits of this Section 13.7 payable or incurred during 2.11 as if it were a Purchaser of the Interim Term Note in which it holds a participation and shall be paid through Advances present any claim in respect thereof to the extent they are included in relevant Purchaser, which shall forward such claim to the Approved Construction BudgetIssuer.

Regulation D Compensation. For During the Term, for so long as any Participant the ------------------------- Lessor (or FBTC) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant the Lessor to United States residents), and, as a result, the cost to such Participant the Lessor (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount Advances is increased, then such Participant the Lessor may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateRent, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (Ai)(A) the applicable Eurodollar Rate divided by (B) one minus the ----- Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing In the event that the Lessor wishes to require payment of such additional amount amount, the Lessor (x) shall so notify the Lessee Lessee, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant Rent shall be payable to such Participant the Lessor at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five Business Days prior to each date on which interest Rent is payable on the Construction Loans or Certificate an officer's a certificate setting forth the amount to which such Participant it is then entitled under this Section (which shall be consistent with such Participant's its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long as the Lessor (or an Affiliate thereof) or any Participant Liquidity Provider is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Base Rent is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant any Liquidity Provider to United States residents), and, as a result, the cost to such Participant (or its Funding Office) the Lessor of making or maintaining its Construction Advances or to any Liquidity Provider of making or maintaining its Loans or Certificate Amount Liquidity Purchases which bear interest by reference to the Eurodollar Rate is increased, then the Lessor or such Participant Liquidity Provider, as the case may be, may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateBase Rent, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and over (ii) the applicable Eurodollar Rate. Any Participant wishing In the event that the Lessor or a Liquidity Provider wishes to require payment of such additional amount amount, the Lessor (x) shall so notify the Lessee Lessee, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant Rent shall be payable to the Lessor or such Participant Liquidity Provider, as the case may be, at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest Rent is payable on the Construction Loans or Certificate an officer's a certificate setting forth the amount to which such Participant it is then entitled under this Section (which shall be consistent with such Participant's its good faith estimate of the level at which the required related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long as any Participant is required by a Change of Law to maintain reserves increase its existing reserve percentage above that applicable under existing law as of the Effective Date against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Offshore Rate is determined or any category of extensions of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), and, as a result, the cost to such Participant (or its Funding Office) of making purchasing or maintaining its Construction Loans or Certificate Amount Participation Interest is increased, then such Participant may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateYield, an additional amount on the related Construction Loan or Certificate Amount Participation Interest of such Participant computed at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Offshore Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Offshore Rate. Any Participant wishing to require payment of such additional amount (x) shall so notify the Lessee and Agent, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant its Participation Interest shall be payable to such Participant by Lessee at the place indicated in such notice with respect to each Interest Period commencing at least three (3) Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five (5) Business Days prior to each date on which interest is payable on the Construction Loans or Certificate Advance an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.

Regulation D Compensation. For so long If the Eurocurrency liabilities (as any Participant is required defined in and pursuant to maintain reserves against "Eurocurrency liabilities" (or any other category Regulation D of liabilities which include deposits by reference to which the interest on Loans is determined or any category Board of extensions Governors of credit or other assets which includes loans by a non-United States office of such Participant to United States residents), andthe Federal Reserve System, as amended or modified from time to time) of the Bank is a resultpositive number, the cost to such Participant (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount is increased, then such Participant Bank may require the Lessee Company to pay, to the extent not already provided for in the calculation of Eurodollar Rate, contemporaneously with each payment of interest on the Construction Loans or CertificateEurodollar Rate Loans, an additional amount interest on the related Construction Eurodollar Rate Loan or Certificate Amount of such Participant the Bank at a rate per annum up equal to but not exceeding the excess of (i) (Aa)(i) the applicable Eurodollar Rate expressed as a decimal, divided by (Bii) one minus the maximum rate (expressed as a decimal) at which the Bank is required to maintain reserves on Eurocurrency Reserve Requirements liabilities or, if such regulation or definition is modified, and as long as the Bank is required to maintain reserves against a category of liabilities which includes deposits in Dollars or includes a category of assets which includes loans in Dollars, the rate at which such reserves are required to be maintained on such category, over (iib) the applicable Eurodollar Raterate specified in clause (a)(i). Any Participant wishing to require payment of such additional amount (x) The Bank shall so notify the Lessee in Company of such requirement either on or before the Effective Date or at least three Business Days prior to the first Eurodollar Interest Period to which case such requirement shall apply, which notice shall indicate the place where such additional interest on the Construction Loans or Certificate Amount of such Participant shall be payable to such Participant the Bank. In the event the Bank shall have given notice to the Company pursuant to the foregoing sentence, thereafter the Company shall pay to the Bank at the place indicated in such notice with respect the additional interest due under this Section 4.11 on all Eurodollar Rate Loans made by the Bank thereafter, until the Bank notifies the Company that it no longer wishes to each Interest Period commencing at least three Business Days after require the giving payment of the additional interest under this Section 4.11, and all such notice and (y) additional interest shall furnish to the Lessee at least five Business Days prior to each date on which interest is be payable on the Construction Loans or Certificate an officer's certificate setting forth the amount to which such Participant is then entitled under this Section (which shall be consistent Interest Payment Date with such Participant's good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budgetrespect thereto.

Regulation D Compensation. For During the Term, for so long as any Participant the Lessor (or Key Corporate Capital Inc. or SELCO) is required to maintain reserves against "Eurocurrency liabilitiesLiabilities" (or any other category of liabilities which include deposits by reference to which the interest on Loans Lease Rate is determined or any category of extensions of credit or other assets which includes loans by a non-non- United States office of such Participant the Lessor to United States residents), and, as a result, the cost to such Participant the Lessor (or its Funding Office) of making or maintaining its Construction Loans or Certificate Amount Advances is increased, then such Participant the Lessor may require the Lessee to pay, contemporaneously with each payment of interest on the Construction Loans or CertificateRent, an additional amount on the related Construction Loan or Certificate Amount of such Participant at a rate per annum up to but not exceeding the excess of (i) (A) the applicable Eurodollar Rate divided by (B) one minus the Eurocurrency Reserve Requirements and (ii) the applicable Eurodollar Rate. Any Participant wishing In the event that the Lessor wishes to require payment of such additional amount amount, the Lessor (x) shall so notify the Lessee Lessee, in which case such additional interest on the Construction Loans or Certificate Amount of such Participant Rent shall be payable to such Participant the Lessor at the place indicated in such notice with respect to each Interest Period commencing at least three Business Days after the giving of such notice and (y) shall furnish to the Lessee at least five Business Days prior to each date on which interest Rent is payable on the Construction Loans or Certificate an officer's a certificate setting forth the amount to which such Participant it is then entitled under this Section (which shall be consistent with such Participant's its good faith estimate of the level at which the related reserves are maintained by it). Each such certificate shall be accompanied by such information as the Lessee may reasonably request as to the computation set forth therein. Subject to the provisions of Section 9.3, all amounts referenced in this Section 13.7 payable or incurred during the Interim Term shall be paid through Advances to the extent they are included in the Approved Construction Budget.