Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 10 contracts
Samples: Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Samples: Credit Agreement (Seaboard Corp /De/), Term Loan Credit Agreement (Seaboard Corp /De/), Credit Agreement (Frontier Communications Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Samples: Credit Agreement (Cloudera, Inc.), Credit Agreement (Leidos Holdings, Inc.), Credit Agreement (Leidos Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Samples: Term Loan Agreement (Mastec Inc), Term Loan Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Adobe Systems Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall will not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall will not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall will be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.14 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further, that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (AB Private Lending Fund), Senior Secured Revolving Credit Agreement and Guarantee and Security Agreement (Crescent Capital BDC, Inc.), Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (Atrion Corp), Credit Agreement (Atrion Corp), Credit Agreement (DCP Midstream, LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Loan Agreement (Bancplus Corp), Loan Agreement (First Guaranty Bancshares, Inc.), Loan Agreement (First Guaranty Bancshares, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that (i) the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor therefor; and (except that, ii) if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Term Loan Agreement (Harte Hanks Inc), Revolving Loan Agreement (Harte Hanks Inc), Term Loan Agreement (Harte Hanks Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Syndicated Facility Agreement (Resmed Inc), Syndicated Facility Agreement (Resmed Inc), Credit Agreement (Resmed Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.13 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.13 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s Xxxxxx's right to demand such compensation; provided that none of the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Assignment and Assumption (Aflac Inc), Assignment and Assumption (Aflac Inc)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 3.5 shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to the foregoing provisions of this Section 3.5 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Loan Agreement (Americas Silver Corp), Bridge Loan Agreement (Uranium Resources Inc /De/)
Delay in Requests. Failure or delay on the part of any Lender to ----------------- demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower -------- shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise -------- ------- to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (First American Financial Corp), Credit Agreement (First American Financial Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement (Biodesix Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s 's intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall not be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Loan Agreement (Citizens Community Bancorp Inc.), Loan Agreement (Citizens Community Bancorp Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such LenderXxxxxx’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Seaboard Corp /De/), Term Loan Credit Agreement (Seaboard Corp /De/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the provided, that, no Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 5.01 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 5.01 for any increased costs incurred or reductions suffered incurred more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Sundance Energy Inc.), Restructuring Support Agreement (Sundance Energy Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that provided, that, the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrower the certificate referenced in Section 3.2(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such LenderXxxxxx’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such LenderXxxxxx’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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Trinity Biotech PLC), Trinity Biotech PLC
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower no Company shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Towers Watson & Co.), Term Loan Credit Agreement (Towers Watson & Co.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Credit Agreement and Guaranty (C4 Therapeutics, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender Lender, as the case may be, notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof)) .
Appears in 2 contracts
Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Loan Agreement (Bancplus Corp), Loan Agreement (First Bancshares Inc /MS/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).. ARTICLE 6
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 5.01 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 5.01 for any increased costs incurred or reductions suffered incurred more than six-months 60 days prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided, further, that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixth60-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Ormat Technologies, Inc.), Credit Agreement (Ormat Technologies, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement (IsoPlexis Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Term Loan Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).. ‑50‑
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any a Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month six (6)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the (i) neither Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower relevant Borrower(s) of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor and (except that, ii) if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Advances and Security Agreement (Washington Mutual Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Dividend Capital Diversified Property Fund Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a aany Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-sixnine (9) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).. (e)
Appears in 1 contract
Samples: Credit Agreement (Ohio Power Co)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the applicable Borrower or the Company, as applicable, shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies such Borrower or the Borrower Company, as applicable, of the change Change in Law giving rise to such increased costs or reductions, reductions and of such LenderXxxxxx’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Corelogic, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).86
Appears in 1 contract
Samples: Credit Agreement (Science Applications International Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.10 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.10 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 4 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section 4 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.14 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (SPRINT Corp)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such the Lender’s right to demand such compensation; , provided that the Borrower Loan Parties shall not be required to compensate a the Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Loan Parties of the change Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit and Security Agreement (FreightCar America, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change changes in Law applicable law giving rise to such increased costs or reductions, reductions and of such any Lender’s intention to claim compensation therefor (except that, if the change changes in Law applicable law giving rise to such increased costs or reductions is retroactive, then the sixth-six month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Loan Agreement (Mimedx Group, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.18 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrower the certificate referenced in Section 2.18.3 and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months 270 days prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth270-month day period referred to above shall be extended to include the period of retroactive effect thereof).. 5-YEAR REVOLVING CREDIT AGREEMENT
Appears in 1 contract
Samples: Credit Agreement (Legg Mason Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Obligors shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months six‑months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-month six‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Loan Agreement (Community First Inc)
Delay in Requests. Failure or delay on the part of any Lender or the Issuing Bank to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s or the Issuing Bank’s right to demand such compensation; provided that the Borrower no Obligor shall not be required to compensate a Lender or the Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender or the Issuing Bank notifies the Borrower in writing of the change in Law giving rise to any such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions (except that, if the Change in Law giving rise to such increased costs is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).. SECTION 2.14
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Barings BDC, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).. (e)
Appears in 1 contract
Samples: Hni Corp
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Obligors shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided PROVIDED that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; PROVIDED FURTHER that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrowers the certificate referenced in Section 3.1(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and Borrowers of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof). Taxes .
Appears in 1 contract
Samples: Possession Credit Agreement (International Shipholding Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Globalstar, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than sixnine-months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of 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 sixthnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrowers the certificate referenced in Section 3.1(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and Borrowers of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Possession Credit Agreement
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.12 for any increased costs or expenses incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or expenses or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or expenses or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 3.1 or 3.2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 or 3.2 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the applicable Borrower or the Company, as applicable, shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies such Borrower or the Borrower Company, as applicable, of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further, that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Corelogic, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).. 364-DAY CREDIT AGREEMENT
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered suffered: (i) more than six-six months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except thattherefore, if unless the change Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the sixth-six –month period referred to above shall be extended to include the period of retroactive effect thereof); and (ii) for which the Lender is not seeking similar compensation from similar borrowers.
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall 4.10 will not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall will not be required to compensate a the Lender pursuant to this Section 4.10 for any increased costs incurred or reductions suffered more than six-nine months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthnine-month period referred to above shall will be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Opentable Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.18 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower provided, Companies shall not be required to compensate a Lender pursuant to this Section 2.18 for any increased costs incurred or reductions suffered more than six-nine months prior to the date that such Lender notifies the Borrower Credit Party Representative of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Northern Star Investment Corp. II)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Rayonier of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Rayonier Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.12 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Secured Credit Agreement (Aspirational Consumer Lifestyle Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 4.04 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a any Lender pursuant to the foregoing provisions of this Section 4.04 for any increased costs incurred or reductions suffered or other amounts claimed more than six-six (6) months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month six (6)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Secured Term Loan Agreement
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.14 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except thattherefor; provided, further, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)