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
Sources: 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 32 contracts
Sources: Third Amended and Restated Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Vertex, Inc.), Credit Agreement (Hallador 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 21 contracts
Sources: Credit Agreement (Core Natural Resources, Inc.), Revolving Credit Facility (CNX Resources Corp), 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 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
Sources: 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
Sources: Second Amendment and Restatement 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 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 13 contracts
Sources: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil 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 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 13 contracts
Sources: Revolving Credit Agreement (Nextracker Inc.), Credit Agreement (Peabody Energy Corp), Credit Agreement (TWFG, 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
Sources: Credit Agreement (K12 Inc), Credit Agreement (Hallador Energy Co), Credit Agreement (Ipalco Enterprises, 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 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
Sources: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater 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
Sources: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (ARKO Corp.), Credit Agreement (Ani Pharmaceuticals 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
Sources: 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 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
Sources: Second Amendment (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. 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 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 8 contracts
Sources: Credit Agreement (DLH Holdings Corp.), Revolving Credit Facility (Crocs, Inc.), Credit Agreement (RPM International Inc/De/)
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 7 contracts
Sources: Fourth Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS 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
Sources: Revolving Credit Facility (Nacco Industries Inc), Revolving Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Hni 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 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
Sources: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Credit Agreement (Fidelity National Financial, 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
Sources: Eighth Amendment and Waiver (AbitibiBowater Inc.), Credit Agreement (Bowater 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 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
Sources: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
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 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 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 6 contracts
Sources: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)
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
Sources: Credit Agreement (Patrick Industries Inc), Credit Agreement (Fossil Inc), Credit Agreement (Merit Medical 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 Agreement 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 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 6 contracts
Sources: Incremental Loan Amendment (Sinclair Broadcast Group Inc), Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings 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 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
Sources: 5 Year Credit Agreement (National Oilwell Varco Inc), Credit Agreement (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 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
Sources: 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
Sources: Credit Agreement (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 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
Sources: 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 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
Sources: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, 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
Sources: 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 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 5 contracts
Sources: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc), Credit Agreement (Geo 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 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
Sources: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (RealPage, Inc.)
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 5 contracts
Sources: Credit Agreement (MIDDLEBY Corp), Credit Agreement (MIDDLEBY Corp), Credit 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 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
Sources: Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co), Revolving Credit Facility (Invacare Corp)
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
Sources: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Pacificare Health Systems Inc /De/), Credit Agreement (Constellation Brands, 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 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
Sources: 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 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 4 contracts
Sources: Credit Agreement (Cadre Holdings, Inc.), Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre 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 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
Sources: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP 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 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
Sources: 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
Sources: 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 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 4 contracts
Sources: Credit Agreement (Crocs, Inc.), Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Crocs, 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
Sources: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, 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 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
Sources: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Select Comfort Corp), Credit Agreement (Rotonics Manufacturing Inc/De)
Capital Requirements. If any Lender or the Issuing Lender Bank determines in good faith 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 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 Swing Line 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 would 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
Sources: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, 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 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
Sources: 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 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
Sources: 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 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
Sources: Credit Agreement (Johnson Outdoors Inc), Revolving Credit Facility (Finish Line Inc /In/), Revolving Credit Facility Credit Agreement (Finish Line Inc /In/)
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
Sources: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports 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
Sources: Credit Agreement (KMG Chemicals Inc), Credit Agreement (Copart Inc), Credit Agreement (Copart 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 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 4 contracts
Sources: 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 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
Sources: 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 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
Sources: Amendment No. 5 (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 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
Sources: 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 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 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 3 contracts
Sources: Credit Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Coca-Cola Consolidated, 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 '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
Sources: 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 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 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 3 contracts
Sources: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, 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 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
Sources: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers 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 3 contracts
Sources: Credit Agreement (Sun Hydraulics Corp), Revolving Credit Facility (Sun Hydraulics Corp), Revolving Credit Facility 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 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 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 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
Sources: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)
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
Sources: Credit Agreement (Carrols Restaurant Group, Inc.), Revolving Credit Facility (Advanced Drainage Systems, Inc.), Credit Agreement (Sl Industries 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
Sources: 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 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
Sources: Credit Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.), Credit Agreement (Armstrong Energy, 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
Sources: 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 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
Sources: 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 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
Sources: Credit Agreement (Digital Generation Systems Inc), Revolving Credit Agreement (BlackRock Inc.), Credit Agreement (Transaction Systems Architects 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
Sources: Credit Agreement (Aci Worldwide, Inc.), Amendment 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 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
Sources: 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
Sources: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)
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 Parties 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
Sources: Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (Oaktree Gardens OLP, LLC)
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
Sources: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group 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 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
Sources: 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 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
Sources: 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 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
Sources: Debt Agreement (Breitburn Energy Partners LP), Credit Agreement, Credit Agreement (Breitburn 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 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
Sources: 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 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
Sources: Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays 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 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
Sources: Revolving Credit Facility (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)
Capital Requirements. If any Revolving Credit Lender or the Issuing Lender L/C Issuer determines that any Change in Law affecting such Revolving Credit Lender or the Issuing Lender L/C Issuer or any lending office Lending Office of such Revolving Credit Lender or such Revolving Credit Lender’s or the Issuing LenderL/C Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return (i) on such Revolving Credit Lender’s or the Issuing Lendersuch L/C Issuer’s capital or on the capital of such Revolving Credit Lender’s or the Issuing Lendersuch L/C Issuer’s holding company, if any, as a consequence of this Agreement, (ii) the Commitments of such Revolving Credit Lender or the Loans made by, or participations in Letters of Credit held by, made by such Revolving Credit Lender, or (iii) the Letters of Credit issued by the Issuing Lendersuch L/C Issuer, to a level below that which such Revolving Credit Lender or the Issuing Lender L/C Issuer or such Revolving Credit Lender’s or the Issuing LenderL/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Revolving Credit Lender’s or the Issuing LenderL/C Issuer’s policies and the policies of such Revolving Credit Lender’s or the Issuing LenderL/C Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will Borrowers will, jointly and severally, pay to such Revolving Credit Lender or the Issuing LenderL/C Issuer, as the case may be, such additional amount or amounts as will compensate such Revolving Credit Lender or the Issuing Lender L/C Issuer or such Revolving Credit Lender’s or the Issuing LenderL/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Sources: Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International 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 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 2 contracts
Sources: Credit Agreement (Extraction Oil & Gas, LLC), Credit Agreement (Extraction Oil & Gas, LLC)
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 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
Sources: Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)
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
Sources: Credit Agreement (Diversified Restaurant Holdings, Inc.), Credit Agreement (Diversified Restaurant 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 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 2 contracts
Sources: Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the of 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 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, Lender 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
Sources: Term a 4 Loan Credit Facility (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, 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 liquidity requirements and 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 2 contracts
Sources: Credit Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica 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 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 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
Sources: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)
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
Sources: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex 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 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 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
Sources: Credit Agreement (Ubiquiti Inc.), Credit Agreement (Ubiquiti 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 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 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
Sources: Credit Agreement (Nuvera Communications, Inc.), Credit Agreement (Otelco 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 59442126_10 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 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
Sources: Credit Agreement (Realpage Inc), Credit Agreement (Realpage 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 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
Sources: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg 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 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 2 contracts
Sources: Revolving Credit Facility (Rti International Metals Inc), Credit Agreement (Federated Investors Inc /Pa/)
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 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
Sources: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure CO LLC)
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 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 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 2 contracts
Sources: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, 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 '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 's capital or on the capital of such Lender’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 or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s 's policies and the policies of such Lender’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 or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 2 contracts
Sources: Credit Agreement (Abraxas Petroleum Corp), Credit Agreement (Abraxas Petroleum Corp)
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 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 2 contracts
Sources: Credit Agreement (NRG Yield, Inc.), Credit Agreement (GenOn Energy, 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 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 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 U.S. 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 2 contracts
Sources: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
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 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 Agreement 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 will pay to such Lender or the Issuing Lender, as the case may be, in Dollars, 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
Sources: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)
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 '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 Agreement 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 2 contracts
Sources: Credit Agreement (Wilson Greatbatch Technologies Inc), Credit Agreement (Greatbatch, 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 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
Sources: Credit Agreement (Patrick Industries Inc), Credit Agreement (O Charleys Inc)
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 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
Sources: 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 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 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
Sources: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy 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 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
Sources: Escrow Agreement (Atlas Merger Subsidiary, Inc.), Credit Agreement (Infospace 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 Agreement 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 promptly within fifteen (15) Business Days following written demand 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
Sources: Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Credit Agreement (Jones Lang LaSalle Income Property Trust, 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 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 2 contracts
Sources: Fifth Amendment to Third Amended and Restated Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)