Common use of Additional Amounts Payable Clause in Contracts

Additional Amounts Payable. If any change or the enactment, adoption or judicial or administrative interpretation of any law, regulation, treaty, guideline or directive (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System) either (a) subjects Bank to any additional tax, duty, charge, deduction or withholding with respect to any of the Lines of Credit (other than a tax measured by the net or gross income of Bank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of any of the Lines of Credit not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on Bank on account of its issuing or maintaining any of the Lines of Credit; and if any of the foregoing (i) results in an increase to Bank in the cost of issuing or maintaining the Lines of Credit, or making any payment on account of the Lines of Credit, (ii) reduces the amount of any payment receivable by Bank under this Agreement with respect to any of the Lines of Credit, (iii) requires Bank to make any payment calculated by reference to the gross amount of any sum received or paid by Bank pursuant to any of the Lines of Credit, or (iv) reduces the rate of return on Bank’s capital to a level below that which Bank could otherwise have achieved (taking into consideration Bank’s policies with respect to capital adequacy), then Borrower shall pay to Bank, as additional compensation for the Lines of Credit, such amounts as will compensate Bank for such increased cost, payment or reduction. Within twenty (20) days after (A) the initial demand therefor and (B) presentation by Bank of a certificate to Borrower containing a statement of the cause of such increased cost, payment or reduction and a calculation of the amount thereof (which statement and calculation shall be presumed prima facie to be correct absent manifest error), Borrower shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects Bank.

Additional Amounts Payable. If any change or the enactment, adoption or judicial or administrative interpretation of any law, regulation, treaty, guideline or directive (including, without limitation, Regulation D of the Board of Governors of the Federal Reserve System) either (a) subjects the Bank to any additional tax, duty, charge, deduction or withholding with respect to any of the Lines of Credit Facilities (other than a tax measured by the net or gross income of the Bank), or (b) imposes or increases any reserve, special deposit or similar requirement on account of any of the Lines of Credit Facilities not otherwise provided in this Agreement or (c) imposes increased minimum capital requirements on Bank on account of its issuing or maintaining any of the Lines of CreditAgreement; and if any of the foregoing (i) results in an increase to the Bank in the cost of issuing or maintaining any of the Lines of CreditFacilities, or making any payment on account of any of the Lines of CreditFacilities, (ii) reduces the amount of any payment receivable by the Bank under this Agreement with respect to any of the Lines of CreditFacilities, or (iii) requires the Bank to make any payment calculated by reference to the gross amount of any sum received or paid by the Bank pursuant to any of the Lines of Credit, or (iv) reduces the rate of return on Bank’s capital to a level below that which Bank could otherwise have achieved (taking into consideration Bank’s policies with respect to capital adequacy)Facilities, then Borrower shall pay to the Bank, as additional compensation for the Lines of CreditFacilities, such the amounts as will compensate the Bank for such increased cost, payment or reduction. Within twenty (20) days after (A) the initial demand therefor and (B) presentation by the Bank of a certificate to Borrower containing a statement of the cause of such increased cost, payment or reduction and a calculation of the amount thereof (which statement and calculation shall be presumed prima facie to be correct absent manifest errorcorrect), Borrower shall pay the additional amount payable measured from the date such change, enactment, adoption or interpretation first affects the Bank.