Example ContractsClausescapital and liquidity requirementsVariants
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If any Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s capital or on the capital of such Lender’s holding company, if any, as a consequence of this Agreement or the Loans made by such Lender, to a level below that which such Lender or such Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s policies and the policies of such Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender, as the case may be, such additional amount or amounts as will compensate such Lender or such Lender’s holding company for any such reduction suffered.

If any Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s capital or on the capital of such Lender’Lender’s holding company, if any, as a consequence of this Agreement or the Loans made by such Lender,Loan, to a level below that which such Lender or such Lender’Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s policies and the policies of such Lender’Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate such Lender or such Lender’Lender’s holding company for any such reduction suffered.

If any Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s capital or on the capital of such Lender’Lender’s holding company, if any, as a consequence of this Agreement or the Loans made by such Lender,Lender to a level below that which such Lender or such Lender’Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s policies and the policies of such Lender’Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the BorrowerCompany will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate such Lender or such Lender’Lender’s holding company for any such reduction suffered.

If any Lender determines that any Change in Law affecting such Lender or any lending office of such Lender or such Lender’s holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s capital or on the capital of such Lender’Lender’s direct or indirect holding company, if any, as a consequence of this Agreement or the Loans made by such Lender, to a level below that which such Lender or such Lender’Lender’s direct or indirect holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s policies and the policies of such Lender’Lender’s direct or indirect holding company with respect to capital adequacy and liquidity)or liquidity adequacy), then from time to time the Borrower will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate such Lender or such Lender’Lender’s direct or indirect holding company for any such reduction suffered.

If any Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s capital or on the capital of such Lender’Lender’s holding company, if any, as a consequence of this Agreement or the Loans made byby, or participations in Letters of Credit held by, such Lender, to a level below that which such Lender or such Lender’Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s policies and the policies of such Lender’Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate such Lender or such Lender’Lender’s holding company for any such reduction suffered.

If any Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s capital or on the capital of such Lender’Lender’s holding company, if any, as a consequence of this Agreement or the Loans made by such Lender,Lender to a level below that which such Lender or such Lender’Lender’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s policies and the policies of such Lender’Lender’s holding company with respect to capital adequacy and liquidity),adequacy) by an amount deemed by such Lender to be material, then from time to time the BorrowerCompany will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate such Lender or such Lender’Lender’s holding company for any such reduction suffered.

If anythe Lender determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on suchthe Lender’s capital or on the capital of suchthe Lender’s holding company, if any,company as a consequence of this Agreement orAgreement, the Commitment, the Loans made by such Lender,the Lender or the Letters of Credit issued by the Lender to a level below that which suchthe Lender or suchthe Lender’s holding company could have achieved but for such Change in Law (taking into consideration suchthe Lender’s policies and the policies of suchthe Lender’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender, as the case may be,Lender such additional amount or amounts as will compensate suchthe Lender or suchthe Lender’s holding company for any such reduction suffered.

If any Lender or any Issuing Bank determines in good faith that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’s or such Issuing Bank’s capital or on the capital of such Lender’s or such Issuing Bank’s holding company, if any, as a consequence of this Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Lender,Issuing Bank, to a level below that which such Lender or such Issuing Bank or such Lender’s or such Issuing Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or such Issuing Bank’s policies and the policies of such Lender’s or such Issuing Bank’s holding company with respect to capital adequacy and liquidity), then from time to time the Borrower will pay to such Lender,Lender or such Issuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or such Issuing Bank or such Lender’s or such Issuing Bank’s holding company for any such reduction suffered.

If any Lender or any Issuing Bank determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s or such Issuing Bank’s capital or on the capital of such Lender’Lender’s or such Issuing Bank’s holding company, if any, as a consequence of this Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Lender,Issuing Bank, to a level below that which such Lender or such Lender’Issuing Bank or such Lender’s or such Issuing Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s or such Issuing Bank’s policies and the policies of such Lender’Lender’s or such Issuing Bank’s holding company with respect to capital adequacy andor liquidity), then from time to time the Borrower will pay to such Lender,Lender or such Issuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or such Lender’Issuing Bank or such Lender’s or such Issuing Bank’s holding company for any such reduction suffered.

If any Lender or any Issuing Bank determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lender’Lender’s or Issuing Bank’s capital or on the capital of such Lender’Lender’s or Issuing Bank’s holding company, if any, as a consequence of this Agreement or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by such Lender,Issuing Bank, to a level below that which such Lender or such Lender’Issuing Bank or such Lender’s or such Issuing Bank’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’Lender’s or such Issuing Bank’s policies and the policies of such Lender’Lender’s or such Issuing Bank’s holding company with respect to capital adequacy and liquidity), then from time to time the applicable Borrower will pay to such Lender,Lender or such Issuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or such Lender’Issuing Bank or such Lender’s or such Issuing Bank’s holding company for any such reduction suffered.

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