Common use of RECOVERY OF ADDITIONAL COSTS Clause in Contracts

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if the imposition of or any change in any law, rule, regulation, guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, administrative or governmental authority, or standard-setting organization (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Documents, or (C) reduce the rate of return on Lender's capital as a consequence of Lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (Aa) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (Bb) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (Cc) reduce the rate of return on Lender's capital as a consequence of Lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, Borrower which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, ; or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's ’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) } shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's ’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization Government Authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would would: (Aa) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, the Credit Documents relate; (Bb) reduce the amounts payable to Lender under this Agreement or the Loan Credit Documents, ; or (Cc) reduce the rate of return on Lender's the capital of Lender as a consequence of Lender's the obligations of Lender with respect to the credit facilities to which this Agreement relatesthe Credit Documents relate; then, then Borrower agrees to shall pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on the Lender), reserve requirements, capital adequacy requirements or other obligations which would (Aa) increase the cost to the Lender for extending or maintaining the credit facilities to which this Agreement relates, (Bb) reduce the amounts payable to the Lender under this Agreement or the Loan DocumentsAgreement, or (Cc) reduce the rate of return on the Lender's ’s capital as a consequence of the Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then the Borrower agrees to pay the Lender such additional amounts as will compensate the Lender therefortherefore, within five (5) days after the Lender's ’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by the Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) /awl shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's ▇▇▇▇▇▇’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization Government Authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would would: (Aa) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, the Loan Documents and the Related Documents relate; (Bb) reduce the amounts payable to Lender under this Agreement or the Loan Documents and the Related Documents, ; or (Cc) reduce the rate of return on Lender's the capital of Lender as a consequence of Lender's the obligations of Lender with respect to the credit facilities to which this Agreement relatesthe Loan Documents and the Related Documents relate; then, then Borrower agrees to shall pay Lender such additional amounts as will compensate Lender therefor, within five (5) 5 days after Lender's written demand by Lender for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, guideline, regulation or generally accepted accounting principle, guidelines or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall imposeImpose, modify or make applicable any taxes (except federal, state or local income Income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's capital as a consequence of Lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefortherefore, within five (5) days after Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then than Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's ▇▇▇▇▇▇’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefortherefore, within five (5) days after Lender's ’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's ’s capital as a consequence of Lender's ’s obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefortherefore, within five (5) days after Lender's ▇▇▇▇▇▇’s written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge change and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

RECOVERY OF ADDITIONAL COSTS. To the extent allowed by applicable law, if If the imposition of or any change in any law, rule, regulation, regulation or guideline, or generally accepted accounting principle, or the interpretation or application of any thereof by any court, court or administrative or governmental authority, or standard-setting organization authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) ! reduce the amounts payable to Lender under this Agreement or the Loan Related Documents, or (C) reduce the rate of return on Lender's capital as a consequence of Lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.