Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 33 contracts
Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 28 contracts
Samples: Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 15 contracts
Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp), Senior Secured Revolving Credit Agreement (Apollo Investment Corp), Senior Secured Revolving Credit Agreement (Corporate Capital Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 3.1 or 3.2 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 3.1 or 3.2 for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 14 contracts
Samples: Credit Agreement (Millrose Properties, Inc.), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Forestar Group Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 11 contracts
Samples: Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Lending Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 5.01 for any increased costs or reductions incurred more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 10 contracts
Samples: Credit Agreement (Pedevco Corp), Credit Agreement (Us Energy Corp), Credit Agreement (Sundance Energy Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 9 contracts
Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (SWK Holdings Corp), Credit Agreement (Atlas Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.19 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.19 for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Samples: Restructuring Support Agreement (QualTek Services Inc.), Abl Credit and Guaranty Agreement (QualTek Services Inc.), Abl Credit and Guaranty Agreement (QualTek Services Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bankother Recipient’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or an Issuing Bank other Recipient pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bankother Recipient, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bankother Recipient’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Term Loan Credit Agreement (Nutrition & Biosciences, Inc.), Term Loan Credit Agreement (International Flavors & Fragrances Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower in writing of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Credit Agreement (MPLX Lp), Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine (9) months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Five Year Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (Scana Corp), Credit Agreement (Scana Corp)
Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such LC Issuing Bank, as the case may be, Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such LC Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Credit Agreement (Ohio Power Co), Credit Agreement (AEP Texas Inc.), Credit Agreement (Southwestern Electric Power Co)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 270 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, that, provided further that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 7 contracts
Samples: First Amendment (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 7 contracts
Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (Ducommun Inc /De/)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bankother Recipient’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank other Recipient pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bankother Recipient, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bankother Recipient’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six twelve (12) months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-twelve (12) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Samples: Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.), Credit Agreement (Lazydays Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Samples: 5 Year Credit Agreement (NOV Inc.), 5 Year Credit Agreement (National Oilwell Varco Inc), Credit Agreement (National Oilwell Varco Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Samples: Credit Agreement (FTAI Aviation Ltd.), Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Samples: Credit Agreement (Willbros Group Inc), Revolving Credit Agreement (Wca Waste Corp), Credit Agreement (Diamondback Energy Services, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.14 for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 6 contracts
Samples: Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 120 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower in writing of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six120-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Samples: Senior Secured Debtor in Possession Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 5 contracts
Samples: Second Amendment and Restatement Agreement (Jacobs Entertainment Inc), Credit Agreement (Navisite Inc), Amendment and Restatement Agreement (Jacobs Entertainment Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Samples: Senior Secured Credit Agreement (SLR Investment Corp.), Senior Secured Credit Agreement (SLR Investment Corp.), Senior Secured Credit Agreement (Solar Capital Ltd.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.18 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.18 for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Samples: Abl Credit and Guaranty Agreement (PetIQ, Inc.), Abl Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (Entegris Inc)
Delay in Requests. Failure or delay on the part of any Lender Bank or any Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such LenderBank’s or such Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender Bank or an Issuing Bank the Letter of Credit Issuer pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender Bank or such Issuing Bankthe Letter of Credit Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such LenderBank’s or such Issuing Bankthe Letter of Credit Issuer’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Samples: Credit Agreement (Sitio Royalties Corp.), Credit Agreement (Brigham Minerals, Inc.), Credit Agreement (Brigham Minerals, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 180 days prior to the date that such Lender or such the Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing BankLender’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 5 contracts
Samples: Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 180 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, that, provided further that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 4 contracts
Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.18 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.18 for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Regulatory Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Regulatory Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (Epsilon Energy Ltd.), Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing the Fronting Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing the Fronting Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing the Fronting Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine (9) months prior to the date that such Lender or such Issuing the Fronting Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing the Fronting Bank’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing BankLender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefore (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 4 contracts
Samples: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 4 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Cambium-Voyager Holdings, Inc.), Credit Agreement (Regency Energy Partners LP)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six three months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthree-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 4 contracts
Samples: Senior Secured Revolving Credit Agreement (FS Investment Corp III), Senior Secured Revolving Credit Agreement (FS Investment Corp II), Senior Secured Revolving Credit Agreement (Corporate Capital Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Samples: Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or such Issuing Bank’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Rayonier of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s 's or such Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Five Year Revolving Credit Agreement (Rayonier Inc), First Amendment and Restatement Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Credit Agreement (Sensient Technologies Corp), Credit Agreement (Sensient Technologies Corp), Credit Agreement (Sensient Technologies Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Parent and the applicable Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, Bank notifies the Borrower Parent of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 3 contracts
Samples: Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (FS Energy & Power Fund), Amendment No. 1 and Waiver (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund)
Delay in Requests. Failure or delay on the part of any Lender or any an Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 4.1. for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Regulatory Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Regulatory Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 days period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Rayonier of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Incremental Term Loan Agreement and Amendment to Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or such the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such the Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 180 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, that, provided further that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 3 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine (9) months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or such the Issuing Bank’s 's right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such the Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Samples: First Lien Credit Agreement (Wca Waste Corp), Credit Agreement (Ultralife Batteries Inc), Credit Agreement (Cadmus Communications Corp/New)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 2 contracts
Samples: Credit Agreement (Verasun Energy Corp), Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Select Water Solutions, Inc.), Credit Agreement (Select Energy Services, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six three months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthree-month period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 2 contracts
Samples: Credit Agreement (Ventiv Health Inc), Credit Agreement (Inventiv Health Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Lumos Networks Corp.), Credit Agreement (Lumos Networks Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Fronting Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Fronting Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Fronting Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Fronting Bank, as the case may be, notifies the Borrower Parent of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Fronting Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Enstar Group LTD), Revolving Credit Agreement
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or such Issuing Bank’s Lender's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 270 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such Issuing Bank’s Lender's intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Delay in Requests. Failure or delay on the part of any Term Loan Lender or any Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Term Loan Lender’s or such Issuing Bank’s right to demand such compensation; , provided that the Borrower Loan Parties shall not be required to compensate a Term Loan Lender or an Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Term Loan Lender or such Issuing Bank, as the case may be, notifies the Borrower Loan Parties of the Change in Law giving rise to such increased costs or reductions and of such Term Loan Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 (Purple Innovation, Inc.), Term Loan Credit Agreement (Key Tronic Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the applicable Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling CO)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any reserve, tax, lost compensation, increased costs or reductions suffered or incurred more than six months 180 days prior to the date that such Lender or such the Issuing BankLender, as the case may be, notifies the Borrower Borrowers of the Change in Law cause giving rise to such reserve, tax, lost compensation, increased costs or reductions and of such Lenderlender’s or such the Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Rowan Companies PLC), Credit Agreement (Rowan Companies PLC)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank such other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bankother Recipient’s right to demand such compensation; provided that the Borrower shall not be required to compensate a any Lender or an Issuing Bank any other Recipient pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 270 days prior to the date that such Lender or such Issuing Bankother Recipient, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bankother Recipient’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Blue Cube Spinco Inc.), Credit Agreement (Olin Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or such Issuing Bank’s Lender's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six three months prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such Issuing Bank’s Lender's intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthree-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower ODEC shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower ODEC of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or such the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such the Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (SFBC International Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 4.1. for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Regulatory Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Regulatory Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 days period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank such other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bankother Recipient’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a any Lender or an Issuing Bank any other Recipient pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bankother Recipient, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bankother Recipient’s intention to claim compensation therefor; provided, further, that, therefor (except that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Vantage Drilling International), Credit Facility Agreement
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or such the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such the Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 2 contracts
Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an any Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 270 days prior to the date that such Lender or such Issuing Bank, as the case may be, Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Legg Mason, Inc.), Revolving Credit Agreement (Legg Mason Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock Kelso Capital CORP), Senior Secured Revolving Credit Agreement (BlackRock Kelso Capital CORP)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing BankLender’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender or an the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing BankLender’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Cpi Corp), Credit Agreement (Cpi Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (SGS International, Inc.), Credit Agreement (Southern Graphic Systems, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 120 days prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower in writing of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six120-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 270-days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof.)
Appears in 2 contracts
Samples: Credit Agreement (Cra International, Inc.), Credit Agreement (Cra International, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such any Issuing BankLender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 120 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six120-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Delay in Requests. Failure or delay on the part of any Lender Bank or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such LenderBank’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender Bank or an the Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender Bank or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such LenderBank’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Fifth Amended and Restated Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law event giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law event giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Chambers Street Properties), Credit Agreement (Chambers Street Properties)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Five Year Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof) .
Appears in 2 contracts
Samples: Credit Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.18 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.18 for any increased costs incurred or reductions incurred suffered more than six months 120 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six120-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.), First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Parent of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefortherefor and provides a certificate in accordance with Section 2.15(c); provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: 5 Year Revolving Credit Agreement (Diamond Offshore Drilling, Inc.), Credit Agreement (Diamond Offshore Drilling Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six (6) months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Chicago Atlantic BDC, Inc.), Senior Secured Revolving Credit Agreement (Varagon Capital Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or such Issuing Bank’s Lender's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an any Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months 270 days prior to the date that such Lender or such Issuing Bank, as the case may be, Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such Issuing Bank’s Lender's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six270-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Legg Mason, Inc.), 5 Year Revolving Credit Agreement (Legg Mason, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Loan Agreement (Aaon, Inc.), Credit Agreement (Protech Home Medical Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Lojack Corp), Revolving Credit and Term Loan Agreement (Lojack Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Parent and the applicable Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than six months 180 days prior to the date that such Lender or such Issuing Bank, as the case may be, Bank notifies the Borrower Parent of the Change in Law or other factor giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law or other factor giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Senior Unsecured Sustainability Linked Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing BankLender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an the Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 90 days prior to the date that such Lender or such the Issuing BankLender, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing BankLender’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six90-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six 6 months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 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 (Encompass Health Corp), Credit Agreement (Encompass Health Corp)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six (6) months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Atlas Pipeline Holdings, L.P.), Revolving Credit and Term Loan Agreement (Atlas Pipeline Partners Lp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank Lender pursuant to this Section for any increased costs or reductions incurred more than six months 45 days prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six45-month day period referred to above shall be extended to include the period of retroactive effect thereof.
Appears in 2 contracts
Samples: Credit Agreement (NYSE Euronext), Credit Agreement (NYSE Euronext)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank Swingline Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankSwingline Lender’s right to demand such compensation; , provided that the Borrower affected Borrowers shall not be required to compensate a Lender or an Issuing Bank Swingline Lender pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine (9) months prior to the date that such Lender or such Issuing Bank, as the case may be, Swingline Lender notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing BankSwingline Lender’s intention to claim compensation therefor; provided, further, therefore (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Samples: Credit Agreement (Diversified Restaurant Holdings, Inc.), Credit Agreement (Diversified Restaurant Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Ezcorp Inc)
Delay in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's or such the Issuing Bank’s 's intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (AGY Holding Corp.)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.13 for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 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 or any Issuing Synthetic LC Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing BankLender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or an Issuing a Synthetic LC Bank pursuant to this Section for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing BankLender, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing BankLender’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 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 or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six three months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthree-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Avocent Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Credit Agreement (Black Box Corp)
Delay in Requests. Failure or delay on the part of any Lender or any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an Issuing Bank pursuant to this Section 2.14 for any increased costs or reductions incurred more than six months prior to the date that such Lender or such Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 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 or any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an such Issuing Bank pursuant to this Section for any increased costs incurred or reductions incurred suffered more than six nine months prior to the date that such Lender or such Issuing Bank, as the case may beapplicable, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such Issuing Bank’s intention to claim compensation therefor; provided, further, therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Samples: Debt Agreement (Revel AC, Inc.)
