ADMINISTRATIVE AGENT ON SUCH BORROWING DATE (CANADA), AND THE CANADIAN
ADMINISTRATIVE AGENT MAY, IN RELIANCE UPON SUCH ASSUMPTION, MAKE AVAILABLE TO
THE CANADIAN BORROWER ON SUCH BORROWING DATE (CANADA) A CORRESPONDING AMOUNT.
IF SUCH AMOUNT IS NOT SO MADE AVAILABLE TO THE CANADIAN ADMINISTRATIVE AGENT BY
SUCH CANADIAN LENDER ON SUCH BORROWING DATE (CANADA), THE CANADIAN
ADMINISTRATIVE AGENT SHALL ALSO BE ENTITLED TO RECOVER SUCH AMOUNT WITH INTEREST
THEREON AT THE RATE PER ANNUM APPLICABLE TO THE C$ PRIME RATE DETERMINED FOR
SUCH DAY PLUS 1%, ON DEMAND, FROM THE RELEVANT CANADIAN LENDER.
NOTHING
CONTAINED IN THIS SUBSECTION 3.7(B) SHALL RELIEVE ANY CANADIAN LENDER WHICH HAS
FAILED TO MAKE AVAILABLE ITS SHARE OF ANY BORROWING HEREUNDER FROM ITS
OBLIGATION TO DO SO IN ACCORDANCE WITH THE TERMS HEREOF OR PREJUDICE ANY RIGHTS
WHICH THE CANADIAN BORROWER MAY HAVE AGAINST ANY CANADIAN LENDER AS A RESULT OF
ANY DEFAULT BY SUCH CANADIAN LENDER TO MAKE LOANS.
(C)
THE FAILURE OF ANY CANADIAN LENDER TO MAKE THE C$ LOAN TO BE MADE BY IT ON
ANY BORROWING DATE (CANADA) SHALL NOT RELIEVE ANY OTHER LENDER OF ITS
OBLIGATION, IF ANY, HEREUNDER TO MAKE ITS C$ LOAN ON SUCH BORROWING DATE
(CANADA), BUT NO LENDER SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER
CANADIAN LENDER TO MAKE THE C$ LOAN TO BE MADE BY SUCH OTHER CANADIAN LENDER ON
SUCH BORROWING DATE (CANADA).
3.8.
Additional Costs.
(A)
IF THE ADOPTION OF OR ANY CHANGE IN ANY REQUIREMENT OF LAW REGARDING
CAPITAL ADEQUACY OR IN THE INTERPRETATION OR APPLICATION THEREOF BY ANY
GOVERNMENTAL AUTHORITY OR COMPLIANCE BY ANY CANADIAN LENDER OR ANY CORPORATION
CONTROLLING SUCH CANADIAN LENDER WITH ANY REQUEST OR DIRECTIVE REGARDING CAPITAL
ADEQUACY (WHETHER OR NOT HAVING THE FORCE OF LAW) FROM ANY GOVERNMENTAL
AUTHORITY MADE SUBSEQUENT TO THE DATE HEREOF SHALL HAVE THE EFFECT OF REDUCING
THE RATE OF RETURN ON SUCH CANADIAN LENDER'S OR SUCH CORPORATION'S CAPITAL AS A
CONSEQUENCE OF ITS OBLIGATIONS HEREUNDER TO A LEVEL BELOW THAT WHICH SUCH
CANADIAN LENDER OR SUCH CORPORATION COULD HAVE ACHIEVED BUT FOR SUCH ADOPTION,
CHANGE OR COMPLIANCE (TAKING INTO CONSIDERATION SUCH LENDER'S OR SUCH
CORPORATION'S POLICIES WITH RESPECT TO CAPITAL ADEQUACY) BY AN AMOUNT DEEMED BY
SUCH CANADIAN LENDER TO BE MATERIAL, THEN FROM TIME TO TIME, THE CANADIAN
BORROWER SHALL PROMPTLY PAY TO SUCH CANADIAN LENDER, UPON WRITTEN DEMAND
THEREFOR, SUCH ADDITIONAL AMOUNT OR AMOUNTS AS WILL COMPENSATE SUCH CANADIAN
LENDER FOR SUCH REDUCED RATE OF RETURN.
IN DETERMINING SUCH ADDITIONAL AMOUNTS,
EACH CANADIAN LENDER WILL ACT REASONABLY AND IN GOOD FAITH AND WILL USE
AVERAGING AND ATTRIBUTION METHODS WHICH ARE REASONABLE AND WHICH WILL, TO THE
EXTENT THE REDUCED RATE OF RETURN RELATES TO SUCH CANADIAN LENDER'S LOANS OR
COMMITMENTS IN GENERAL AND ARE NOT SPECIFICALLY ATTRIBUTABLE TO C$ LOANS OR
CANADIAN COMMITMENTS HEREUNDER,
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BE CALCULATED WITH RESPECT TO ALL LOANS OR COMMITMENTS SIMILAR TO THE C$ LOANS
OR CANADIAN COMMITMENTS MADE BY SUCH CANADIAN LENDER HEREUNDER WHETHER OR NOT
THE LOAN DOCUMENTATION FOR SUCH OTHER