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 LC Issuing Lender Bank determines that any Change in Law affecting such Lender or the LC Issuing Lender Bank or any lending office of such Lender or such Lender’s or the LC Issuing LenderBank’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the LC Issuing LenderBank’s capital or on the capital of such Lender’s or the LC Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the any LC Issuing LenderBank, to a level below that which such Lender or the LC Issuing Lender Bank or such Lender’s or the LC Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the LC Issuing LenderBank’s policies and the policies of such Lender’s or the LC Issuing LenderBank’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the LC Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the LC Issuing Lender Bank or such Lender’s or the LC Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 36 contracts
Sources: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit 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 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 16 contracts
Sources: Credit Agreement (Richardson Electronics, Ltd.), Credit Agreement (EPAM Systems, Inc.), Revolving Credit Agreement (Nextracker Inc.)
Capital Requirements. If any Lender or the Issuing Lender Bank determines (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower 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 '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 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 LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Installation of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit Facility LCs or Swingline Loans held by, such Lender, or the Letters of Credit Facility LCs issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time within fifteen (15) days of demand by such Lender or LC Issuer the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 13 contracts
Sources: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
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 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 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 of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 8 contracts
Sources: Revolving Credit Facility (MSA Safety Inc), Credit Agreement (Steel Partners Holdings L.P.), Revolving Credit Agreement (Steel Partners Holdings L.P.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, company as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters Letter of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon request of such Lender or the Borrower Issuing Lender, the Borrowers jointly and severally will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction sufferedreduction.
Appears in 8 contracts
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 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 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 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 Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Sources: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, 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 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 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 any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 5 contracts
Sources: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s 's or the Issuing Lender’s 's holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s 's or the Issuing Lender’s 's capital or on the capital of such Lender’s 's or the Issuing Lender’s 's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s 's policies and the policies of such Lender’s 's or the Issuing Lender’s 's holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s 's or the Issuing Lender’s 's holding company for any such reduction suffered.
Appears in 5 contracts
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 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 Issuing Lender LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Installation of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit Facility LCs or Swing Line Loans held by, such Lender, or the Letters of Credit Facility LCs issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered; provided that the Borrower shall not be required to pay any such amounts to any Lender under and pursuant to this Section which are owing as a result of any Specified Change if and to the extent such Lender is not at such time generally assessing such costs in a similar manner to other similarly situated borrowers with similar credit facilities.
Appears in 5 contracts
Sources: Credit Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.)
Capital Requirements. If any Lender or the any Issuing Lender 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 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 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 (in good faith, but in its sole absolute discretion) that any Change in Law affecting such Lender or the Issuing Lender Bank or any lending office of such Lender or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s or the Issuing LenderBank’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderBank, to a level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 4 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom)), Credit Agreement (Petroleum Geo Services Asa)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the 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 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 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 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 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 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 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 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 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, the Swing Line Lender or the Issuing Lender Bank determines that any Change in Law affecting such Lender, the Swing Line Lender or the Issuing Lender Bank or any lending office of such Lender or the Swing Line Lender or such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s holding company, if any, regarding liquidity or capital requirements has or would have the effect of reducing the rate of return on such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s capital or on the capital of such Lender’s, the Swing Line 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 Swing Line Lender, the Advances made byby such Lender or the Swing Line Lender, or participations in Swing Line Advances and 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, the Swing Line Lender or the Issuing Lender Bank or such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s holding company with respect to liquidity and capital adequacy), then from time to time the Borrower will pay to such Lender, the Swing Line Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender, the Swing Line Lender or the Issuing Lender Bank or such Lender’s, the Swing Line Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 4 contracts
Sources: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 4 contracts
Sources: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp), Revolving Credit Facility Agreement (Chesapeake Utilities 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 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 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 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 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 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 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 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 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 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 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 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 LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lendersuch LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Sources: Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu 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 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 LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office Lending Installation of such Lender or such Lender’s 's or the Issuing Lender’s LC 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 's or the Issuing Lender’s LC Issuer's capital or on the capital of such Lender’s 's or the Issuing Lender’s LC Issuer's holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit Facility LCs or Swing Line Loans held by, such Lender, or the Letters of Credit Facility LCs issued by the Issuing Lenderany LC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s 's or the Issuing Lender’s LC Issuer's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or the Issuing Lender’s LC Issuer's policies and the policies of such Lender’s 's or the Issuing Lender’s LC Issuer's holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s 's or the Issuing Lender’s LC Issuer's holding company for any such reduction suffered; provided that the Borrower shall not be required to pay any such amounts to any Lender under and pursuant to this Section which are owing as a result of any Specified Change if and to the extent such Lender is not at such time generally assessing such costs in a similar manner to other similarly situated borrowers with similar credit facilities.
Appears in 3 contracts
Sources: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy 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 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 LC Issuer determines that any Change in Law affecting such Lender or the Issuing Lender LC Issuer or any lending office of such Lender or such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLC Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the Issuing LenderLC Issuer, to a level below that which such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLC Issuer’s policies and the policies of such Lender’s or the Issuing LenderLC Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderLC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender LC Issuer or such Lender’s or the Issuing LenderLC Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Sources: Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD)
Capital Requirements. If any Lender or the any Issuing Lender determines that any Change in Law affecting such Lender or the such Issuing Lender or any lending office of such Lender or such Lender’s or the such Issuing Lender’s holding company, if any, regarding capital requirements or liquidity requirements, has or would have the effect of reducing the rate of return on such Lender’s or the such Issuing Lender’s capital or on the capital of such Lender’s or the such Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the such Issuing Lender, to a level below that which such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the such Issuing Lender’s policies and the policies of such Lender’s or the such Issuing Lender’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender or such Lender’s or the such Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
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 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 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 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 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 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 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 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 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 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 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 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 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 Letter of Credit Issuer determines that any Change in Law affecting such Lender or the Issuing Lender Letter of Credit Issuer or any lending office Lending Office of such Lender or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing LenderLetter of Credit Issuer’s capital or on the capital of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Commitment of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing LenderLetter of Credit Issuer, to a level below that which such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderLetter of Credit Issuer’s policies and the policies of such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company with respect to capital adequacy), then from time to time the applicable Borrower Parties will pay to such Lender or the Issuing LenderLetter of Credit Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Letter of Credit Issuer or such Lender’s or the Issuing LenderLetter of Credit Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Sources: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.), Revolving Credit Agreement (Golub Capital Investment Corp)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the 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 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 that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy and liquidity), then from time to time the Borrower will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 3 contracts
Sources: Credit Agreement (3d Systems Corp), Credit Agreement (Handy & Harman Ltd.), Credit Agreement (Handy & Harman Ltd.)
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 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 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 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 (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)
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 Commitments of such Lender or the Loans Revolving 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 level below that which such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderBank’s policies and the policies of such Lender’s or the Issuing LenderBank’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 2 contracts
Sources: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)
Capital Requirements. If any Lender or the any Issuing Lender Bank reasonably determines that any Change in Law affecting such Lender or the such Issuing Lender Bank or any lending office Lending Office of such Lender or such Issuing Bank or such Lender’s or the Issuing LenderBank’s holding company, if any, regarding liquidity or 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 such Issuing Bank or the Loans made by, by or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, it to a level below that which such Lender or the such 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 such Issuing LenderBank’s policies and the policies of such Lender▇▇▇▇▇▇’s or the Issuing LenderBank’s holding company with respect to liquidity or capital adequacy), then from time to time upon demand of such Lender or such Issuing Bank setting forth in reasonable detail the Borrower charge and the calculation of such reduced rate of return (with a copy of such demand to the Administrative Agent and the Revolving Agent) (provided that such calculation will not in an way require disclosure of confidential or price-sensitive information or any other information the disclosure of which is prohibited by law), the Borrowers will pay to such Lender or the such Issuing LenderBank, as the case may be, such additional amount or amounts as will compensate such Lender or the Lender, such Issuing Lender Bank or such Lender’s or the Issuing LenderBank’s holding company for any such reduction suffered.
Appears in 2 contracts
Sources: Credit Agreement (Savers Value Village, Inc.), Credit Agreement (Savers Value Village, 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 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 (Chuy's Holdings, Inc.), Credit Agreement (Chuy's Holdings, Inc.)
Capital Requirements. If Without duplication of Section 3.6(a) hereof, if any Lender or the Issuing Lender Facing Agent determines that any Change in Law by any Governmental Authority with regulatory authority over such Lender or Facing Agent since the date of this Agreement affecting such Lender or the Issuing Lender Facing Agent or any lending office of such Lender or such Lender’s or the Issuing LenderFacing Agent’s holding company, if any, regarding capital requirements has or would liquidity requirements, will have the effect of reducing the rate of return on such Lender’s or the Issuing LenderFacing Agent’s capital or on the capital of such Lender’s or the Issuing LenderFacing Agent’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 Lenderany Facing Agent, to a level below that which such Lender or the Issuing Lender Facing Agent or such Lender’s or the Issuing LenderFacing Agent’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing LenderFacing Agent’s policies and the policies of such Lender’s or the Issuing LenderFacing Agent’s holding company with respect to liquidity requirements and capital adequacy), then from time to time as required pursuant to Section 3.6(e), the applicable Borrower will pay to such Lender or the Issuing LenderFacing Agent, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender Facing Agent or such Lender’s or the Issuing LenderFacing Agent’s holding company for any such reduction suffered; provided that such amounts shall be proportionate to the amounts that such Lender or Facing Agent charges other borrowers or account parties for such additional costs incurred or reductions suffered on loans similarly situated to Borrowers in connection with substantially similar facilities as reasonably determined by such Lender or such Facing Agent acting in good faith.
Appears in 2 contracts
Sources: Credit Agreement (BALL Corp), Credit Agreement (Ball 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 Company will pay to such Lender or the such Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the such Issuing Lender Lender, or such Lender’s or the such Issuing Lender’s holding company company, for any such reduction suffered.
Appears in 2 contracts
Sources: Credit Agreement (Lamar Advertising Co/New), Credit Agreement (Lamar Advertising Co/New)
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 Lending Office of such Lender or such Lender’s or the Issuing Lender’s holding company, if any, regarding capital requirements or liquidity has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacyadequacy or liquidity), then from time to time the Borrower Borrowers will pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Sources: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Capital Requirements. If any Lender or the Issuing Lender determines that any Change in Law affecting such Lender or the Issuing Lender or any lending office of such Lender or such Lender’s '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 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 (Amcon Distributing Co), Credit Agreement (Amcon Distributing 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 's or the Issuing Lender’s '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 '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 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 '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 (Andersons, Inc.), Credit Agreement (Andersons, 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 requirements, has or would have the effect of reducing the rate of return on such Lender’s or the Issuing Lender’s capital or on the capital of such Lender’s or the Issuing Lender’s holding company, if any, as a consequence of this Agreement, the Commitments Revolving Credit Commitment of such Lender or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Lender, to a level below that which such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the Issuing Lender’s policies and the policies of such Lender’s or the Issuing Lender’s holding company with respect to capital adequacy), then from time to time upon written request of such Lender or such Issuing Lender the Borrower will Borrowers shall promptly pay to such Lender or the Issuing Lender, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Lender or such Lender’s or the Issuing Lender’s holding company for any such reduction suffered.
Appears in 2 contracts
Sources: Loan Agreement (Omega Protein Corp), Loan Agreement (Omega Protein 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 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 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, 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: Joinder, Consent, First Amendment and Reaffirmation Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)