Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 36 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 26 contracts
Samples: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Meridian Bioscience Inc)
Capital Requirements. If any Lender or the LC Issuing Lender Bank determines that any Change in Law affecting such Lender or the LC Issuing Lender Bank or any lending office of such Lender or such Lender’s or the LC Issuing LenderBank’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the LC Issuing LenderBank’s capital or on the capital of such Lender’s or the LC Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the any LC Issuing LenderBank, to a level below that which such Lender or the LC Issuing Lender Bank or such Lender’s or the LC Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the LC Issuing LenderBank’s policies and the policies of such Lender’s or the LC Issuing LenderBank’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the LC Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the LC Issuing Lender Bank or such Lender’s or the LC Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 26 contracts
Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 20 contracts
Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CNX Resources Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 17 contracts
Samples: Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co), Credit Agreement (Primo Water Corp)
Capital Requirements. If any Lender or the Issuing Lender Bank determines (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 16 contracts
Samples: Credit Agreement (Jacobs Entertainment Inc), Credit Agreement (Ducommun Inc /De/), Credit Agreement (Navisite Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 13 contracts
Samples: Credit Agreement (K12 Inc), Credit Agreement (Hallador Energy Co), Credit Agreement (Ipalco Enterprises, Inc.)
Capital Requirements. If any Lender or the Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Installation of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit Facility LCs or Swingline Loans held by, such Lender, or the Letters of Credit Facility LCs issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time within fifteen (15) days of demand by such Lender or LC Issuer the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 12 contracts
Samples: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 12 contracts
Samples: Credit Agreement (Vantage Drilling International), Credit Agreement, Credit Agreement (Gateway Trade Center Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 12 contracts
Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Marlin Midstream Partners, LP)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 11 contracts
Samples: Fourth Amendment (Bowater Inc), Third Amendment and Waiver (Bowater Inc), Seventh Amendment (Bowater Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans Advances made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 9 contracts
Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Credit Agreement (Jagged Peak Energy Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 9 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (ARKO Corp.), Credit Agreement (Ani Pharmaceuticals Inc)
Capital Requirements. If any Lender or the Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 8 contracts
Samples: Credit Agreement (Energy Transfer Equity, L.P.), Credit Agreement (Energy Transfer Equity, L.P.), Credit Agreement (Energy Transfer Partners, L.P.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, company as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters Letter of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon request of such Lender or the Borrower Issuing Lender, the Borrowers jointly and severally will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction sufferedreduction.
Appears in 8 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Nacco Industries Inc), Assignment and Assumption Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Hni Corp)
Capital Requirements. If any Lender or the Issuing Lender Bank determines (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s Bank's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s Bank's capital or on the capital of such Lender’s 's or the Issuing Lender’s Bank's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s 's or the Issuing Lender’s Bank's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s Bank's policies and the policies of such Lender’s 's or the Issuing Lender’s Bank's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s 's or the Issuing Lender’s Bank's holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (RPM International Inc/De/), Credit Agreement (Johnson Outdoors Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Issuing Lender or such Lender’s 's or the such Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the such Issuing Lender’s 's capital or on the capital of such Lender’s 's or the such Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s 's or the such Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the such Issuing Lender’s 's policies and the policies of such Lender’s 's or the such Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s 's or the such Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Bowater Inc), Seventh Amendment (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall, within 30 days, pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will necessary to compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered, as set forth in such certificate (absent manifest error).
Appears in 6 contracts
Samples: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), First Amendment and Lender Joinder Agreement (SYNAPTICS Inc)
Capital Requirements. If any Lender or the Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the applicable Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction sufferedsuffered as provided in paragraph (c) of this Section 3.01.
Appears in 6 contracts
Samples: Credit Agreement (PGT, Inc.), Credit Agreement (Patheon Holdings Cooperatief U.A.), Credit Agreement (PGT, Inc.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Fossil Inc), Credit Agreement (Merit Medical Systems Inc)
Capital Requirements. If any Lender or the Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)
Capital Requirements. If any Lender or the Issuing Lender reasonably determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), in each case, in an amount deemed to be material by such Lender or Issuing Lender, then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.), Joinder and Assumption Agreement (Under Armour, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Stewart Information Services Corp), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans Advances made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a below the level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or the Issuing Bank the Borrower will shall promptly pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Assignment and Assumption (Mitel Networks Corp), Credit Agreement (Southwest Gas Corp), Credit Agreement (KMG Chemicals Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Revolving Commitments of such Lender or the Loans Advances made by, or participations in Letters of Credit or Swingline Advances held by, such Lender, or the Letters of Credit issued by the any Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (National Oilwell Varco Inc), Assignment and Assumption (National Oilwell Varco Inc), Credit Agreement (NOW Inc.)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or the Issuing Bank or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Revolving Credit Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will shall pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such LenderXxxxxx, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such LenderXxxxxx’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy)) or causes an internal capital or liquidity charge or other imputed cost to be assessed upon such Lender or Letter of Credit Issuer, which in such party’s sole discretion is allocable to the Borrowers or to the transactions contemplated by this Credit Agreement, then from time to time upon written request of such Lender or such Letter of Credit Issuer, the Borrower will Borrowers shall promptly pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Revolving Credit Agreement (MN8 Energy, Inc.), Revolving Credit Agreement (MN8 Energy, Inc.), Revolving Credit Agreement (MN8 Energy, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or the Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (RealPage, Inc.)
Capital Requirements. If any Lender or the Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Installation of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit Facility LCs or Swing Line Loans held by, such Lender, or the Letters of Credit Facility LCs issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered; provided that the Borrower shall not be required to pay any such amounts to any Lender under and pursuant to this Section which are owing as a result of any Specified Change if and to the extent such Lender is not at such time generally assessing such costs in a similar manner to other similarly situated borrowers with similar credit facilities.
Appears in 5 contracts
Samples: Credit Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.)
Capital Requirements. If any Lender or the any Issuing Lender Bank determines in good faith that any Change in Law affecting such Lender or the such Issuing Lender Bank or any lending office of such Lender or such Lender’s or the such Issuing LenderBank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing LenderBank’s capital or on the capital of such Lender’s or the such Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing LenderBank, to a level below that which such Lender or the such Issuing Lender Bank or such Lender’s or the such Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing LenderBank’s policies and the policies of such Lender’s or the such Issuing LenderBank’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time time, the Borrower will pay to such Lender or the such Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender Bank or such Lender’s or the such Issuing LenderBank’s holding company for any such reduction suffered; provided that such Lender or such Issuing Bank is generally seeking, or intends generally to seek, compensation from similarly situated borrowers under similar credit facilities (to the extent such Lender or Issuing Bank has the right under such similar credit facilities to do so) with respect to such Change in Law regarding capital or liquidity requirements.
Appears in 5 contracts
Samples: Revolving Credit Agreement, Credit Agreement (Marathon Petroleum Corp), Credit Agreement (Marathon Petroleum Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the an Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Hawaiian Telcom Holdco, Inc.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co), Credit Agreement (Invacare Corp)
Capital Requirements. If any Lender or the any Issuing Lender reasonably determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time the Borrower Company will pay (or cause the applicable Subsidiary Borrower to pay) to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Security Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Pledge Agreement (Middleby Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Johnson Outdoors Inc), Assignment and Assumption Agreement (Finish Line Inc /In/), Credit Agreement (Finish Line Inc /In/)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Select Comfort Corp), Credit Agreement (American Crystal Sugar Co /Mn/)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower GEO will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (KMG Chemicals Inc), Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)
Capital Requirements. If any Lender or the Issuing Lender Bank determines (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom)), Security Agreement (Novelis South America Holdings LLC), Credit Agreement (Petroleum Geo Services Asa)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Company will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Cpi Corp), Credit Agreement (BreitBurn Energy Partners L.P.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon the written request of such Lender, the Company shall promptly pay (or shall cause the applicable Subsidiary Borrower will pay to promptly pay) to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)
Capital Requirements. If any Lender or the Issuing Lender determines in good faith that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Loan and Security Agreement (ADS Tactical, Inc.), Loan and Security Agreement (ADS Tactical, Inc.), Loan and Security Agreement (ADS Tactical, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Capital Requirements. If any Lender or the Issuing Lender reasonably determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of such Lender’s obligations under this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could would have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender (accompanied by the calculations by which such determination was made) the Borrower will shall pay to such Lender or the Issuing Lender, as the case may be, within ten (10) days after the date that the Borrower received such request, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream Partners, LP)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Stoneridge Inc), Credit Agreement (Crocs, Inc.), Credit Agreement (Stoneridge Inc)
Capital Requirements. If If, before the first Benchmark Replacement Date, any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such LenderXxxxxx’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans Advances made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Abraxas Energy Partners LP), Credit Agreement (Abraxas Energy Partners LP), Credit Agreement (Abraxas Petroleum Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower Company will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Breitburn Energy Partners LP), Credit Agreement, Credit Agreement (Breitburn Energy Partners LP)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time the applicable Borrower Parties will pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.), Revolving Credit Agreement (Golub Capital Investment Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the an Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Assignment and Assumption Agreement (Koppers Holdings Inc.), Security Agreement (Koppers Holdings Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (3d Systems Corp), Credit Agreement (Handy & Harman Ltd.), Credit Agreement (Handy & Harman Ltd.)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or such Issuing Bank the Borrower will shall promptly pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (Scana Corp), Credit Agreement (Scana Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy)adequacy and liquidity) by an amount deemed by such Lender or the Issuing Lender, as the case may be, to be material, then from time to time the Parent Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Intercontinental Exchange, Inc.), Credit Agreement (Intercontinental Exchange, Inc.), Credit Agreement (IntercontinentalExchange Group, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Capital Requirements. If any Lender or the any Issuing Lender Bank determines that any Change in Law affecting such Lender or the such Issuing Lender Bank or any lending office of such Lender or such Lender’s or the such Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing LenderBank’s capital or on the capital of such Lender’s or the such Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing LenderBank, to a level below that which such Lender or the such Issuing Lender Bank or such Lender’s or the such Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing LenderBank’s policies and the policies of such Lender’s or the such Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Bank the Borrower will Borrowers shall, jointly and severally, promptly pay to such Lender or the such Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender Bank or such Lender’s or the such Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Restaurant Co of Minnesota), Credit Agreement (Restaurant Co)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will Borrowers agree to pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Letter of Credit Issuer, as applicable, the Borrower will Borrowers shall promptly pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Owl Rock Technology Finance Corp.), Revolving Credit Agreement (Owl Rock Technology Finance Corp.), Revolving Credit Agreement (Owl Rock Capital Corp)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Bank the Borrower will shall promptly pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Scana Corp), Credit Agreement (Scana Corp), Credit Agreement (Scana Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Revolver Borrowers and/or Term Borrowers, as applicable, will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Security Agreement (Armstrong Resource Partners, L.P.), Security Agreement (Armstrong Energy, Inc.), Credit Agreement (Armstrong Energy, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Fortegra Group, LLC), Credit Agreement (Fortegra Group, LLC), Credit Agreement (Tiptree Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the applicable Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s 's or the such Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the such Issuing Lender’s 's capital or on the capital of such Lender’s 's or the such Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s 's or the such Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the such Issuing Lender’s 's policies and the policies of such Lender’s 's or the such Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower will shall promptly pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s 's or the such Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (BlackRock Inc.), Credit Agreement (Transaction Systems Architects Inc), Credit Agreement (Digital Generation Systems Inc)
Capital Requirements. If any Lender or the Issuing Lender Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction sufferedsuffered in respect of the Loans to such Borrower’s Fund Group.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square Empire BDC, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Installation of such Lender or Issuing Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the any Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Revolving Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such LenderXxxxxx’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Advanced Drainage Systems, Inc.), Intercompany Subordination Agreement (Sl Industries Inc)
Capital Requirements. If any Lender or the any Issuing Lender reasonably determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower Company will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender Lender, or such Lender’s or the such Issuing Lender’s holding company company, for any such reduction suffered.
Appears in 2 contracts
Samples: Restatement Agreement (Lamar Advertising Co/New), Credit Agreement (Lamar Advertising Co/New)
Capital Requirements. If any Lender or the Issuing Lender Fronting Bank determines that any Change in Law affecting such Lender or the Issuing Lender Fronting Bank or any lending office of such Lender or such Lender’s or the Issuing LenderFronting Bank’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderFronting Bank’s capital or on the capital of such Lender’s or the Issuing LenderFronting Bank’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Fronted Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLenders or the Fronting Bank, as applicable, to a level below that which such Lender or the Issuing Lender Fronting Bank or such Lender’s or the Issuing LenderFronting Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderFronting Bank’s policies and the policies of such Lender’s or the Issuing LenderFronting Bank’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or the Fronting Bank the Borrower will shall promptly pay to such Lender or the Issuing LenderFronting Bank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Fronting Bank or such Lender’s or the Issuing LenderFronting Bank’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing LenderCredit, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or the Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (STAMPS.COM Inc), Credit Agreement (STAMPS.COM Inc)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon the written request of such Lender or Issuing Lender, including a certificate as described in Section 5.8.3 [Certificates for Compensation], the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Federated Hermes, Inc.), Credit Agreement (Federated Investors Inc /Pa/)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then then, subject to the delivery of a certificate contemplated by paragraph (c) below, from time to time the Borrower Company will pay to such Lender or the such Issuing Lender, as the case may be, in Dollars, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Capital Requirements. If any Lender or the Issuing Swingline Lender determines that any Change in Law affecting such Lender or the Issuing Swingline Lender or any lending office of such Lender or Swingline Lender or such Lender’s or the Issuing Swingline Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Swingline Lender’s capital or on the capital of such Lender’s or the Issuing Swingline Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or Swingline Lender or the Loans made by, or participations participation in Letters of Credit Swingline Loans held by, by such Lender, Lender or the Letters of Credit issued by the Issuing Lender, Swingline Lender to a level below that which such Lender or the Issuing Swingline Lender or such Lender’s or the Issuing Swingline Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Swingline Lender’s policies and the policies of such Lender’s or the Issuing Swingline Lender’s holding company with respect to capital adequacy), then from time to time the Borrower affected Borrowers will pay to such Lender or the Issuing Swingline Lender, as the case may bebe as set forth in clause (c) below, such additional amount or amounts as will compensate such Lender or the Issuing Swingline Lender or such Lender’s or the Issuing Swingline Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Diversified Restaurant Holdings, Inc.), Credit Agreement (Diversified Restaurant Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines in good faith that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Sun Hydraulics Corp), Credit Agreement (Sun Hydraulics Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)
Capital Requirements. If any Lender or the Issuing Lender reasonably determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Chuy's Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender reasonably determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)
Capital Requirements. If any Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, Virtus Investment Partners, Inc. Credit Agreement if any, as a consequence of this Credit Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Security Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or Issuing Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity requirements), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Pledge Agreement (Coeur D Alene Mines Corp), Credit Agreement (DXP Enterprises Inc)
