Common use of Certificates for Reimbursement; Delay in Requests Clause in Contracts

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender setting forth the amount or amounts necessary to compensate the Lender or its holding company, as the case may be, as specified in Section 3.1 and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay the Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to Section 3.1 shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender pursuant to Section 3.1 for any increased costs incurred or reductions suffered more than nine months prior to the date that the Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 6 contracts

Samples: Credit Agreement (Opportunistic Credit Interval Fund), Credit Agreement (Alternative Credit Income Fund), Credit Agreement (Piper Sandler Companies)

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Certificates for Reimbursement; Delay in Requests. A certificate of the Lender setting forth the amount or amounts necessary to compensate the Lender or its holding company, as the case may be, company as specified in Section 3.1 3.3(a) or 3.3(b) and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay the Lender the amount shown as due on any such certificate within 10 days ten (10) Business Days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to this Section 3.1 3.3(c) shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that the Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of the Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (GRIID Infrastructure Inc.), Credit Agreement (Cleanspark, Inc.), Credit Agreement (Cleanspark, Inc.)

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender a Bank setting forth the amount or amounts necessary to compensate the Lender such Bank or its holding company, as the case may be, as specified described above in this Section 3.1 and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay the Lender such Bank the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender any Bank to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of the Lendersuch Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender a Bank pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine months prior to the date that the Lender such Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the Lendersuch Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Tortoise Midstream Energy Fund, Inc.), Credit Agreement (Tortoise Energy Infrastructure Corp)

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender Bank setting forth the amount or amounts necessary to compensate the Lender Bank or its holding company, as the case may be, as specified in this Section 3.1 6.10 and delivered to the Borrower Borrower, shall be conclusive absent manifest error. The Borrower shall pay the Lender Bank the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender Bank to demand compensation pursuant to this Section 3.1 6.10 shall not constitute a waiver of the LenderBank’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender Bank pursuant to this Section 3.1 6.10 for any increased costs incurred or reductions suffered more than nine months prior to the date that the Lender Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the LenderBank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit Agreement (Sonic Foundry Inc)

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender setting forth the amount or amounts necessary to compensate the Lender or its holding company, as the case may be, as specified in Section 3.1 2.9 and delivered to the Borrower Company shall be conclusive absent manifest error. The Borrower Company shall pay the Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to Section 3.1 2.9 shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate the Lender pursuant to Section 3.1 2.9 for any increased costs incurred or reductions suffered more than nine months prior to the date that the Lender notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, and of the Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Independent Bank Corp)

Certificates for Reimbursement; Delay in Requests. A certificate of the a Lender setting forth the amount or amounts necessary to compensate the such Lender or its holding company, as the case may be, as specified in Section 3.1 2.6 and delivered to the Borrower Borrowers, shall be conclusive absent manifest error. The Borrower Borrowers shall pay the such Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the any Lender to demand compensation pursuant to Section 3.1 2.6 shall not constitute a waiver of the such Lender’s 's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate the a Lender pursuant to Section 3.1 2.6 for any increased costs incurred or reductions suffered more than nine months prior to the date that the such Lender notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of the such Lender’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof)."

Appears in 1 contract

Samples: Second Modification Agreement (KBS Real Estate Investment Trust III, Inc.)

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender Bank setting forth the amount or amounts necessary to compensate the Lender Bank or its holding company, as the case may be, company as specified in Section 3.1 the foregoing paragraph (a) or (b) and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay the Lender Bank the amount shown as due on any such certificate within 10 days ten (10) Business Days after receipt thereof. Failure or delay on the part of the Lender Bank to demand compensation pursuant to this Section 3.1 2.9 shall not constitute a waiver of the LenderBank’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender Bank pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that the Lender Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of the LenderBank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit Agreement (Midas Series Trust)

Certificates for Reimbursement; Delay in Requests. A certificate of the Lender setting forth the amount or amounts necessary to compensate the Lender or its holding company, as the case may be, as specified in Section 3.1 and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay the Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to Section 3.1 shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate the Lender pursuant to Section 3.1 for any increased costs incurred or reductions suffered more than nine months prior to the date that the Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Daktronics Inc /Sd/)

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Certificates for Reimbursement; Delay in Requests. A certificate of the a Lender setting forth the amount or amounts necessary to compensate the such Lender or its holding company, as the case may be, as specified in Section 3.1 2.6 and delivered to the Borrower Borrower, shall be conclusive absent manifest error. The Borrower shall pay the such Lender the amount shown as due on SMRH:4847-1441-2233.18 -34- 0YWK-314211 any such certificate within 10 days after receipt thereof. Failure or delay on the part of the any Lender to demand compensation pursuant to Section 3.1 2.6 shall not constitute a waiver of the such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate the a Lender pursuant to Section 3.1 2.6 for any increased costs incurred or reductions suffered more than nine months prior to the date that the such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Certificates for Reimbursement; Delay in Requests. A certificate of the a Lender setting forth the amount or amounts necessary to compensate the such Lender or its holding company, as the case may be, company as specified in Section 3.1 and delivered to the Borrower Borrower, shall be conclusive absent manifest error. The Borrower shall pay the such Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the any Lender to demand compensation pursuant to Section 3.1 shall not constitute a waiver of the such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate the a Lender pursuant to Section 3.1 for any increased costs incurred or reductions suffered more than nine months prior to the date that the such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of the such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Term Loan Agreement (Jack Henry & Associates Inc)

Certificates for Reimbursement; Delay in Requests. A certificate of the a Lender setting forth the amount or amounts necessary to compensate the such Lender or its holding company, as the case may be, as specified in paragraph (a) or (b) of this Section 3.1 and shall be delivered to the Borrower Representative accompanied by a certificate setting forth in reasonable detail any amount or amounts and upon such delivery of such items, shall be conclusive absent manifest error. The Each applicable Borrower shall pay the such Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to Section 3.1 shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate the a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that the such Lender notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of the Lendersuch Xxxxxx’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).. (d)

Appears in 1 contract

Samples: Term Credit Agreement (Designer Brands Inc.)

Certificates for Reimbursement; Delay in Requests. A certificate of the a Lender setting forth the amount or amounts necessary to compensate the such Lender or its holding company, as the case may be, as specified in paragraph (a) or (b) of this Section 3.1 and shall be delivered to the Borrower Representative accompanied by a certificate setting forth in reasonable detail any amount or amounts and upon such delivery of such items, shall be conclusive absent manifest error. The Each applicable Borrower shall pay the such Lender the amount shown as due on any such certificate within 10 days after receipt thereof. Failure or delay on the part of the Lender to demand compensation pursuant to Section 3.1 shall not constitute a waiver of the Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate the a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that the such Lender notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of the Lendersuch Xxxxxx’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Term Credit Agreement (Designer Brands Inc.)

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