Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 14 contracts
Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Safehold Inc.), Credit Agreement (Istar Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time upon demand of such Lender setting forth in reasonable detail the charge and the calculation of such reduced rate of return (with a copy of such demand to the Administrative Agent), the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 9 contracts
Samples: Credit Agreement (Bojangles', Inc.), Credit Agreement (Bojangles', Inc.), Credit Agreement (Bojangles', Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such or the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 9 contracts
Samples: Credit Agreement (Newmark Group, Inc.), Credit Agreement (BGC Group, Inc.), Credit Agreement (BGC Partners, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 8 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityor liquidity requirements), then from time to time time, upon request of such Lender or such L/C Issuer, the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (Vista Outdoor Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such any L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Shimmick Corp), Credit Agreement (Performant Financial Corp), Credit Agreement (Martin Midstream Partners L.P.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), by an amount deemed by such Lender or such L/C Issuer to be material in its sole discretion, then from time to time time, upon the request of such Lender or L/C Issuer, the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction sufferedsuffered that such Lender or such L/C Issuer reasonably determines is allocable to this Agreement.
Appears in 7 contracts
Samples: Credit Agreement (DPL Inc), Credit Agreement (DPL Inc), Assignment and Assumption (DPL Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements or liquidity has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Loans held by, such Lender, or the Letters of Credit issued by such any L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 7 contracts
Samples: Assignment and Assumption (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered; provided, that the Borrower shall not be obligated to pay any such compensation unless the Lender or such L/C Issuer requesting such compensation also is requesting compensation as a result of such Change in Law from other similarly situated customers under agreements relating to similar credit transactions that include provisions similar to this Section 3.04(b).
Appears in 6 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the applicable Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 6 contracts
Samples: Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (American Midstream Partners, LP)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has had, or would have have, the effect of reducing the rate of return on such Lender’s or such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time upon delivery of the Borrower certificate contemplated by Section 3.04(c), the applicable Borrowers will pay to such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company company, as the case may be, for any such reduction suffered.
Appears in 6 contracts
Samples: And Senior Secured (Quiksilver Inc), Credit Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (ONE Gas, Inc.), Credit Agreement (ironSource LTD), Credit Agreement (ironSource LTD)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Benihana Inc), Credit Agreement (Duckwall Alco Stores Inc)
Capital Requirements. If any Lender or any the L/C Issuer determines in good faith that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 5 contracts
Samples: Credit Agreement (Resmed Inc), Credit Agreement, Assignment and Assumption (Resmed Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
Capital Requirements. If any Lender or any L/C LC Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C LC Issuer’s capital or on the capital of such Lender’s or such L/C LC Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender Agreement or the Loans made by, or participations the participation in Letters of Credit held by, such Lender, or the Letters of Credit issued by such L/C LC Issuer, to a level below that which such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C LC Issuer’s policies and the policies of such Lender’s or such L/C LC Issuer’s holding company with respect to capital adequacy and liquidityadequacy), in each case by an amount deemed material by such Lender or such LC Issuer, then from time to time in accordance with clause (c) below, the Borrower will pay to such Lender or such L/C Issuer, as the case may be, LC Issuer such additional amount or amounts as will compensate such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Second Amendment 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 any L/C Issuer reasonably determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such the L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time time, after submission to the Borrower Borrowers (with a copy to the Administrative Agent) of a written request therefor setting forth in reasonable detail the change and the calculation of such reduced rate of return, the Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 or Swing Line Loans held by, such Lender, or the Letters of Credit issued by such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time upon written request of such Lender or such L/C Issuer the Borrower will shall promptly pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)
Capital Requirements. If any Lender or any L/C LC Issuer determines that any Change in Law affecting such Lender or such L/C LC Issuer or any Lending Office of such Lender or such Lender’s or such L/C LC 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 such L/C LC Issuer’s capital or on the capital of such Lender’s or such L/C 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 or Swingline Loans held by, such Lender, or the Letters of Credit issued by such L/C LC Issuer, to a level below that which such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C LC Issuer’s policies and the policies of such Lender’s or such L/C LC Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C LC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Energy Transfer LP), Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Sunoco Logistics Partners L.P.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Gsi Group Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), by an amount deemed by such Lender or such L/C Issuer to be material in its sole discretion, then from time to time time, upon the request of such Lender or L/C Issuer, the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction sufferedsuffered that such Lender or such L/C Issuer reasonably determines is allocable to this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)
Capital Requirements. If any Lender or any an L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will promptly pay to such Lender or such L/C Issuer, as the case may be, after the Borrower’s receipt of a reasonably detailed invoice therefore (showing in reasonable detail the calculation thereof; provided, that such request for compensation is consistent with such Lender’s general practice toward similarly situated borrowers) such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender Lender, any of its applicable Lending Offices or its holding company or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s its holding company, if anyas the case may be, regarding capital or and liquidity requirements has or would have the effect of reducing the rate of return on capital for such Lender’s Lender or its holding company or such L/C Issuer’s capital Issuer or on the capital of such Lender’s or such L/C Issuer’s its 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 such any L/C Issuer, to a level below that which such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company company, as the case may be, could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuerits holding company’s policies and the policies of such Lender’s or such L/C Issuer’s or its holding company company’s policies, as applicable, with respect to capital adequacy and liquidityliquidity adequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Company will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (MSGE Spinco, Inc.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.)
Capital Requirements. If any Lender or any L/C LC Issuer determines that any Change in Law affecting such Lender or such L/C any LC Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C any LC 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 such L/C any LC Issuer’s capital or on the capital of such Lender’s or such L/C any 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 held by, such Lender, or the Letters of Credit issued by such L/C any LC Issuer, to a level below that which such Lender or such L/C any LC Issuer or such Lender’s or such L/C any LC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C any LC Issuer’s policies and the policies of such Lender’s or such L/C any LC Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such L/C any LC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C any LC Issuer or such Lender’s or such L/C any LC Issuer’s holding company for any such reduction suffered.
Appears in 4 contracts
Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)
Capital Requirements. If any Lender or any L/C Issuer determines in good faith in its reasonable discretion that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then then, to the extent such compensation is sought by such Lender or L/C Issuer from time to time similarly situated borrowers, the Borrower will pay to Borrower, upon request of such Lender or such L/C Issuer, as the case may be, will pay to such Lender or such L/C Issuer such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Time Inc.), Credit Agreement (Time Inc.), Credit Agreement (Time Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such any L/C Issuer or any Lending Office of such Lender or such Lender’s or such any L/C Issuer’s holding company, if any, regarding capital or requirements and/or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or such any L/C Issuer’s capital or on the capital of such Lender’s or such any L/C 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 such any L/C Issuer, to a level below that which such Lender or such any L/C Issuer or such Lender’s or such any L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such any L/C Issuer’s policies and the policies of such Lender’s or such any L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such any L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such any L/C Issuer or such Lender’s or such any L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Agree Realty Corp), Revolving Credit and Term Loan Agreement (Agree Realty Corp), Revolving Credit and Term Loan Agreement (Agree Realty Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such the L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Western Refining Logistics, LP), Credit Agreement (Western Refining Logistics, LP), Assignment and Assumption (Pioneer Southwest Energy Partners L.P.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), in each case in an amount deemed by such Lender or such L/C Issuer to be material, then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Arthur J. Gallagher & Co.), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Parent Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered, in each case upon receipt of a written request of such Lender or L/C Issuer showing the computation of such amount in reasonable detail and certifying that it is the general practice of such Lender or L/C Issuer to charge such amount to its borrowers.
Appears in 3 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such any L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such the L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityor liquidity requirements), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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, by such Lender, or the Letters of Credit issued by such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Cache Inc), Credit Agreement (Kid Brands, Inc), Credit Agreement (Bluefly Inc)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s 's or such the L/C Issuer’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 such the L/C Issuer’s 's capital or on the capital of such Lender’s 's or such the L/C Issuer’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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s 's or such the L/C Issuer’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or such the L/C Issuer’s 's policies and the policies of such Lender’s 's or such the L/C Issuer’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s 's or such the L/C Issuer’s 's holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Credit Agreement (Cole Real Estate Investments, Inc.), Credit Agreement (Dennys Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.)
Capital Requirements. If any Lender or any L/C LC Issuer determines that any Change in Law affecting such Lender or such L/C LC Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C LC Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C LC Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C any LC Issuer, to a level below that which such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C LC Issuer’s policies and the policies of such Lender’s or such L/C LC Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such L/C LC Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C LC Issuer or such Lender’s or such L/C LC Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Credit Agreement (Henry Jack & Associates Inc), Credit Agreement (Henry Jack & Associates Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will (within fifteen (15) days of its receipt of a request from a Lender or L/C Issuer) pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Assignment and Assumption (Cousins Properties Inc), Assignment and Assumption (Cousins Properties Inc), Credit Agreement (Cousins Properties Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time time, after submission to the Borrower (with a copy to the Administrative Agent) of a written request therefor, the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement, Credit Agreement (Foresight Energy Partners LP)
Capital Requirements. If any Lender or any the L/C Issuer reasonably determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time time, after submission to the Borrower (with a copy to the Administrative Agent) of a written request therefor setting forth in reasonable detail the change and the calculation of such reduced rate of return, the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), in each case in an amount deemed by such Lender or such L/C Issuer to be material, then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay (or cause the applicable Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Pulse Electronics Corp), Credit Agreement (Pulse Electronics Corp), Credit Agreement (Technitrol Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender Lender, any of its applicable Lending Offices or its holding company or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s its holding company, if anyas the case may be, regarding capital or and liquidity requirements has or would have the effect of reducing the rate of return on capital for such Lender’s Lender or its holding company or such L/C Issuer’s capital Issuer or on the capital of such Lender’s or such L/C Issuer’s its 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 such any L/C Issuer, to a level below that which such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company company, as the case may be, could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuerits holding company’s policies and the policies of such Lender’s or such L/C Issuer’s or its holding company company’s policies, as applicable, with respect to capital adequacy and liquidityliquidity adequacy), then from time to time the applicable Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such the L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender Lender, any of its applicable Lending Offices or its holding company or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s its holding company, if anyas the case may be, regarding capital or and liquidity requirements has or would have the effect of reducing the rate of return on capital for such Lender’s Lender or its holding company or such L/C Issuer’s capital Issuer or on the capital of such Lender’s or such L/C Issuer’s its 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 such any L/C Issuer, to a level below that which such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company company, as the case may be, could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuerits holding company’s policies and the policies of such Lender’s or such L/C Issuer’s or its holding company company’s policies, as applicable, with respect to capital adequacy and liquidityliquidity adequacy), then from time to time the applicable Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered; provided, however, that such Lender’s or LC Issuer’s determination of any such amounts assessed against Borrower shall be consistent with the determination of amounts assessed against other borrowers that are similarly situated to Borrower.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Essex Portfolio Lp), Revolving Credit Agreement (Essex Portfolio Lp), Revolving Credit Agreement (Essex Portfolio Lp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Avnet Inc), Credit Agreement (Solectron Corp), Credit Agreement (Stericycle Inc)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 3 contracts
Samples: Credit Agreement (Floor & Decor Holdings, Inc.), Credit Agreement (FDO Holdings, Inc.), Credit Agreement (FDO Holdings, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction actually suffered.
Appears in 2 contracts
Samples: Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/)
Capital Requirements. If any Lender or any the L/C Issuer reasonably determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, by a material amount to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered. For the avoidance of doubt, it is understood and agreed that a Lender shall not be entitled to such compensation as a result of such Lender’s compliance with, or pursuant to any request or directive to comply with, any Law in effect on the date hereof.
Appears in 2 contracts
Samples: Assignment and Assumption (Sheridan Group Inc), Assignment and Assumption (Sheridan Group Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender Lender, any of its applicable Lending Offices or its holding company or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s its holding company, if anyas the case may be, regarding capital or and liquidity requirements has or would have the effect of reducing the rate of return on capital for such Lender’s Lender or its holding company or such L/C Issuer’s capital Issuer or on the capital of such Lender’s or such L/C Issuer’s its holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Protective Advance Exposure held by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such any L/C Issuer, to a level below that which such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company company, as the case may be, could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuerits holding company’s policies and the policies of such Lender’s or such L/C Issuer’s or its holding company company’s policies, as applicable, with respect to capital adequacy and liquidityliquidity adequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or its holding company or such L/C Issuer or such Lender’s or such L/C Issuer’s its holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Abl Credit Agreement (MKS Instruments Inc), Assignment and Assumption (MKS Instruments Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityor liquidity requirements), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Wendy's Co), Credit Agreement (Wendy's Restaurants, LLC)
Capital Requirements. If any Lender or any L/C Issuer reasonably determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements (whether or not having the force of law) has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, upon the request of such Lender or such L/C Issuer accompanied by a certificate described in the immediately following clause (c) such additional amount or amounts as will are reasonably necessary to compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Total System Services Inc), Credit Agreement (Total System Services Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such any L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Centerspace), Credit Agreement (Investors Real Estate Trust)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Possession Credit Agreement (Wci Communities Inc), Assignment and Assumption (Wci Communities Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Targa Resources Corp.), Credit Agreement (Targa Resources Corp.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time time, upon request of such Lender or the L/C Issuer (accompanied by reasonable backup calculations), the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Five Point Holdings, LLC), Credit Agreement (Five Point Holdings, LLC)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (United Components Inc), Credit Agreement (Life Technologies Corp)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Committed Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Assignment and Assumption (Tapstone Energy Inc.), Credit Agreement (Tapstone Energy Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or liquidity or on the capital or liquidity of such Lender’s or such the L/C Issuer’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 and Swing Line Loans held by, such Lender, or the Letters of Credit issued by such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and or liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Actavis PLC), Actavis Revolving Credit and Guaranty Agreement (Actavis, Inc.)
Capital Requirements. If any Lender or any L/C Issuer reasonably determines that any Change in Law affecting such Lender or such L/C Issuer or any Applicable Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 or Swingline Loans held by, such Lender, or the Letters of Credit issued by such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction sufferedsuffered as reasonably determined by such Lender or L/C Issuer (which determination shall be made in good faith (and not on an arbitrary or capricious basis) after consideration of such factors as such Lender or L/C Issuer then reasonably determines to be relevant).
Appears in 2 contracts
Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)
Capital Requirements. If any Lender or any the L/C Issuer reasonably determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction sufferedsuffered in accordance with clause (c) below.
Appears in 2 contracts
Samples: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Ashland Inc.), Credit Agreement (Ashland Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the applicable Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Alco Stores Inc), Credit Agreement (ModusLink Global Solutions Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Camden Property Trust), Credit Agreement (Camden Property Trust)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will shall pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (American Healthcare REIT, Inc.), Credit Agreement (American Healthcare REIT, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’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 or Swing Loans held by, such Lender, or the Letters of Credit issued by such any L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Multicurrency Credit Agreement (Gallagher Arthur J & Co)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Credit Agreement, the Commitments Revolving 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.), Credit Agreement (Healthcare Realty Trust Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s 's or such L/C Issuer’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 such L/C Issuer’s 's capital or on the capital of such Lender’s 's or such L/C Issuer’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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s 's or such L/C Issuer’s 's holding company could have achieved but for such Change in Law (taking into consideration such Lender’s 's or such L/C Issuer’s 's policies and the policies of such Lender’s 's or such L/C Issuer’s 's holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s 's or such L/C Issuer’s 's holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Cisco Systems, Inc.)
Capital Requirements. If any Lender or any L/C Issuer in good faith determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Assignment and Assumption (Conagra Brands Inc.), Revolving Credit Agreement (Conagra Brands Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 byCredit, such Lender, or the Letters of Credit issued by such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans Loan made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower 72 Borrowers will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer reasonably determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Mercury Systems Inc), Credit Agreement (Mercury Systems Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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, by such Lender, or the Letters of Credit issued by such L/C Issuer, or the acceptance by such Lender of any Canadian BA, by an amount deemed in good faith by such Lender or L/C Issuer to a level below be material based on that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time within 10 days after written demand therefor, the Borrower Company will pay (or cause PMCULC or the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company company, if any, for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains Gp Holdings Lp)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Revolving 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Fortress Investment Group LLC), Credit Agreement (Fortress Investment Group LLC)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such LenderXxxxxx’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Boston Beer Co Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments or UK Commitment, as applicable, 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Assignment and Assumption (Grant Prideco Inc), Credit Agreement (Grant Prideco Inc)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the applicable Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)
Capital Requirements. If any Lender or any the L/C Issuer reasonably determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C 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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidity)) by an amount such Lender or L/C Issuer reasonably deems material, then from time to time upon demand of such Lender or L/C Issuer the Borrower Company will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (LyondellBasell Industries N.V.), Guaranty Agreement (LyondellBasell Industries N.V.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing (i) the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Agreement, or (ii) 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity ratios or requirements has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Company will pay (or cause the applicable Designated Borrower to pay) to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Idex Corp /De/), Credit Agreement (Idex Corp /De/)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Landsea Homes Corp), Credit Agreement (Armada Hoffler Properties, Inc.)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Texas Industries Inc), Credit Agreement (Sunoco Logistics Partners Lp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C Issuer’s holding company, if any, regarding capital or liquidity requirements requirements, has or would have the effect of reducing the rate of return on such Lender’s or such L/C Issuer’s capital or on the capital of such Lender’s or such L/C 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 such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)
Capital Requirements. If any Lender or any L/C Issuer determines that any Change in Law affecting such Lender or such L/C Issuer or any Lending Office of such Lender or such Lender’s or such L/C 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 such L/C Issuer’s capital or on the capital of such Lender’s or such L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Revolving Credit Loans made by, or participations in Letters of Credit Credit, Swing Loans and Extraordinary Advances held by, such Lender, or the Letters of Credit issued by such L/C Issuer, to a level below that which such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such L/C Issuer’s policies and the policies of such Lender’s or such L/C Issuer’s holding company with respect to capital adequacy and liquidityor liquidity requirements), then from time to time time, upon request of such Lender or such L/C Issuer, the Borrower Borrowers will pay to such Lender or such L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such L/C Issuer or such Lender’s or such L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Vista Outdoor Inc.), Revolving Credit Agreement (Vista Outdoor Inc.)
Capital Requirements. If any Lender or any the L/C Issuer determines that any Change in Law affecting such Lender or such the L/C Issuer or any Lending Office lending office of such Lender or such Lender’s or such the L/C 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 such the L/C Issuer’s capital or on the capital of such Lender’s or such the L/C Issuer’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 such the L/C Issuer, to a level below that which such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such the L/C Issuer’s policies and the policies of such Lender’s or such the L/C Issuer’s holding company with respect to capital adequacy and liquidityadequacy), then from time to time upon written request of such Lender or the L/C Issuer setting forth in reasonable detail the change and the calculation of such reduced rate of return, the Borrower will shall promptly pay to such Lender or such the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or such the L/C Issuer or such Lender’s or such the L/C Issuer’s holding company for any such reduction suffered.
Appears in 2 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
