Common use of Additional Costs, Etc Clause in Contracts

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans (other than taxes based upon or measured by the income or profits of the Bank), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank of the principal of or the interest on any Loans or any other amounts payable to the Bank under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d) impose on the Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the Commitment, or any class of loans or commitments of which any of the Loans or the Commitment forms a part; and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the Commitment, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, from time to time, pay to the Bank such additional amounts set forth in the Certificate, which will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans (other than taxes based upon or measured by the income or profits of the BankLender), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank any Lender of the principal of or the interest on any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or (d) impose on the Bank any Lender any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the CommitmentLoan, or any class of loans or commitments of which any of the Loans or the Commitment Loan forms a part; and the result of any of the foregoing is (i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoans, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank such Lender from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by such Lender at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregone interest or other sum, provided such Lender furnishes the Lead Borrower and the Administrative Agent with a copy of such request together with an explanation therefor and such Lender makes such request consistent with its practices relative to similar borrowers .

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Related Documents or the Loans Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (b) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on any Loans or the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Loan Related Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Loan Related Documents, the Loans, the CommitmentIndebtedness, or any class of loans or commitments of which any of the Loans or the Commitment Indebtedness forms a part; , and the result of any of the foregoing is: (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentIndebtedness, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Commitment or any of the LoansIndebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing receipt of interest or other sumothers sum payable hereunder.

Additional Costs, Etc. If any present or future applicable law, which ---------- ----- --- expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or Total Commitment, the Loans (other than taxes based upon or measured by the income or profits of the Bank), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank of the principal or of or the interest on any Loans or any other amounts payable to the Bank under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of of, an office of the Bank, or (d) impose on the Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the Total Commitment, or any class of loans or commitments of which any of the Loans or the Total Commitment forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans Loans, or the Total Commitment, or; (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of the Commitment Total Commitment, or any of the Loans, or; (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone interest or other sumsum (after the Bank shall have allocated the same fairly and equitably among all customers of any class generally affected thereby).

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans (other than taxes based upon or measured by the income or profits of the BankLender), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank any Lender of the principal of or the interest on any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or (d) impose on the Bank any Lender any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the CommitmentLoan, or any class of loans or commitments of which any of the Loans or the Commitment Loan forms a part; and the result of any of the foregoing is (i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoans, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank such Lender from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by such Lender at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregone interest or other sum, provided such Lender furnishes the Lead Borrower and the Administration Agent with a copy of such request together with an explanation therefor and such Lender makes such request consistent with its practices relative to similar borrowers.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices notice at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall:; (a) subject the Bank to any tax, levylaw, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Documents or the Loans (other than taxes based upon or measured by the income or profits of the Bank), or (b) materially change the basis of taxation (except for changes in taxes tax on income or profits) of payments to the Bank of the principal of or the interest on any Loans or any other amounts payable to the Bank under this Agreement or any of the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or letters of credit issued by, or commitments of an office of the Bank, or (d) impose on the Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the Commitment, or any class of loans or commitments of which any of the Loans or the Commitment forms a part; , and the result of any of the foregoing event described in clause (a), (b), (c) or (d) is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoans, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received receivable by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans (other than taxes based upon or measured by the income or profits of the BankLender), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank Lender of the principal of or the interest on any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or (d) impose on the Bank Lender any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the CommitmentLoan, or any class of loans or commitments of which any of the Loans or the Commitment Loan forms a part; and the result of any of the foregoing is (i) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoans, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank Lender hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by the Lender at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank Lender for such additional cost, reduction, payment or foregone interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Related Documents or the Loans Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (b2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on any Loans or the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Loan Related Documents, or (c3) impose or increase or render applicable (other than to the extent specifically specifically, provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Loan Related Documents, the Loans, the CommitmentIndebtedness, or any class of loans or commitments of which any of the Loans or the Commitment Indebtedness forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentIndebtedness, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Commitment or any of the LoansIndebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower Debtor hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Debtor will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing interest or other others sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans Loan (other than taxes based upon or measured by the income or profits of the Bank), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank of the principal of or the interest on any Loans the Loan or any other amounts payable to the Bank under this Agreement or any of the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or letters of credit issued by, or commitments of an office of the Bank, or (d) impose on the Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the CommitmentLoan, or any class of loans loans, letters of credit or commitments of which any of the Loans or the Commitment Loan forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoan, or (ii) to reduce the amount of principal, interest interest, or other amount payable to the Bank hereunder on account of the Commitment or any of the LoansLoan, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank any Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a) subject the Bank any Lender to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment or the Loans (other than taxes based upon or measured by the income or profits of the BankLender), or (b) materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank any Lender of the principal of or the interest on any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Loan Documents, or (c) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the BankLender, or (d) impose on the Bank any Lender any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the CommitmentLoan, or any class of loans or commitments of which any of the Loans or the Commitment Loan forms a part; and the result of any of the foregoing is (i) to increase the cost to the Bank any Lender of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentLoans, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank any Lender hereunder on account of the Commitment or any of the Loans, or (iii) to require the Bank any Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank such Lender from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by such Lender at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such Lender such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank such Lender for such additional cost, reduction, payment or foregone interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Related Documents or the Loans Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (b2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on any Loans or the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Loan Related Documents, or (c3) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Loan Related Documents, the Loans, the CommitmentIndebtedness, or any class of loans or commitments of which any of the Loans or the Commitment Indebtedness forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans Indebtedness or the Commitmentissuing Credits, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Commitment or any of the LoansIndebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing interest or other others sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank Lender by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a1) subject the Bank Lender to any prospective tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Documents or the Loans (other than taxes based upon or measured by the income or profits of the BankLender), ; or (b2) prospectively materially change the basis of taxation (except for changes in taxes on income or profits) of payments to the Bank Lender of the principal of or the interest on any Loans or any other amounts payable to the Bank Lender under this Agreement or the other Loan Documents, ; or (c3) prospectively impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, Lender; or (d4) prospectively impose on the Bank Lender any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans, the Commitment, or any class of loans or commitments of which any of the Loans or the Commitment forms a part; . and the result of any of the foregoing is (i1) to increase the cost to the Bank Lender of making, funding, issuing, renewing, extending or maintaining any of the Loans or the Commitment, Loans; or (ii2) to reduce the amount of principal, interest or other amount payable to the Bank such Lender hereunder on account of the Commitment or any of the Loans, ; or (iii3) to require the Bank such Lender to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank Lender from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Lender at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank Lender such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank Lender for such prospective additional cost, reduction, payment or foregone interest or other sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Related Documents or the Loans Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (b2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on any Loans or the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Loan Related Documents, or (c3) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Loan Related Documents, the Loans, the CommitmentIndebtedness, or any class of loans or commitments of which any of the Loans or the Commitment Indebtedness forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentIndebtedness, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Commitment or any of the LoansIndebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing interest or other others sum.

Additional Costs, Etc. If any present or future applicable law, which expression, as used herein, includes statutes, rules and regulations thereunder and interpretations thereof by any competent court or by any governmental or other regulatory body or official charged with the administration or the interpretation thereof and requests, directives, instructions and notices at any time or from time to time hereafter made upon or otherwise issued to the Bank by any central bank or other fiscal, monetary or other authority (whether or not having the force of law), shall: (a1) subject the Bank to any tax, levy, impost, duty, charge, fee, deduction or withholding of any nature with respect to this Agreement, the other Loan Documents, the Commitment Related Documents or the Loans Indebtedness (other than taxes based upon or measured by the revenue, income or profits of the Bank), or (b2) materially change the basis of taxation (except for changes in taxes on revenue, income or profits) of payments to the Bank of the principal of or the interest on any Loans or the Indebtedness of any other amounts payable to the Bank under this Agreement or the other Loan Related Documents, or (c3) impose or increase or render applicable (other than to the extent specifically provided for elsewhere in this Agreement) any special deposit, reserve, assessment, liquidity, capital adequacy or other similar requirements (whether or not having the force of law) against assets held by, or deposits in or for the account of, or loans by, or commitments of an office of the Bank, or (d4) impose on the Bank any other conditions or requirements with respect to this Loan Agreement, the other Loan Related Documents, the Loans, the CommitmentIndebtedness, or any class of loans or commitments of which any of the Loans or the Commitment Indebtedness forms a part; , and the result of any of the foregoing is (i) to increase the cost to the Bank of making, funding, issuing, renewing, extending or maintaining any of the Loans or the CommitmentIndebtedness, or (ii) to reduce the amount of principal, interest or other amount payable to the Bank hereunder on account of such the Commitment or any of the LoansIndebtedness, or (iii) to require the Bank to make any payment or to forego any interest or other sum payable hereunder, the amount of which payment or foregone interest or other sum is calculated by reference to the gross amount of any sum receivable or deemed received by the Bank from the Borrower Borrowers hereunder, then, and in each such case, upon receipt of the Certificate (or any subsequent Certificates) provided for in 4.8, herein, the Borrower and the LP each Borrowers will, upon demand made by the Bank at any time and from time to timetime and as often as the occasion therefor may arise, pay to the Bank such additional amounts set forth in the Certificate, which as will be sufficient to compensate the Bank for such additional cost, reduction, payment or foregone foregoing interest or other others sum.