Common use of Delay in Requests Clause in Contracts

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 30 contracts

Samples: Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Secured Revolving Credit Agreement (Sixth Street Lending Partners), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)

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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 27 contracts

Samples: Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Secured Revolving Credit Agreement (Goldman Sachs BDC, 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, 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 14 contracts

Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp), Senior Secured (Apollo Investment Corp), Assignment and Assumption (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 11 contracts

Samples: Credit Agreement (Horton D R Inc /De/), 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 10 contracts

Samples: Guarantee and Security Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Lending Corp), Credit Agreement

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 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 9 contracts

Samples: Credit Agreement (Us Energy Corp), Credit Agreement (Sundance Energy Inc.), Credit Agreement (Sundance Energy Inc.)

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 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 7 contracts

Samples: Credit and Guaranty Agreement (QualTek Services Inc.), Credit and Guaranty Agreement (QualTek Services Inc.), Credit and Guaranty Agreement (QualTek 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 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 (Marathon Petroleum Corp), Credit Agreement (MPLX Lp), 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 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 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: 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 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), Credit Agreement (Diamondback Energy Services, Inc.), Pledge Agreement (Seahawk Drilling, 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 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: 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 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 6 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 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 6 contracts

Samples: Credit Agreement (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 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: Year Credit Agreement (NOV Inc.), Credit Agreement (National Oilwell Varco Inc), Assignment and Assumption (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 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: Credit Agreement (SPRINT Corp), Credit Agreement (SPRINT Corp), Credit Agreement (SPRINT 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 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 6 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 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: Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (PetIQ, Inc.), Guaranty Agreement (Entegris 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 5 contracts

Samples: Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (New Fortress Energy 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 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: Credit Agreement (Jacobs Entertainment Inc), Credit Agreement (Navisite Inc), Credit Agreement (Jacobs Entertainment 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 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 (FS Investment Corp II), Senior Secured (FS Investment Corp III), 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 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 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 4 contracts

Samples: Credit Agreement (Brigham Minerals, Inc.), Credit Agreement (Sitio Royalties Corp.), Credit Agreement (Brigham Minerals, 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 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 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.), Security 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 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 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 4 contracts

Samples: Form Of (SLR Investment Corp.), Senior Secured Credit Agreement (Solar Capital Ltd.), 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 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 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 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 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), Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas 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 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), Senior Secured Credit Agreement (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 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: 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 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 180 days prior to the date that such Lender or such Issuing Bankother Recipient, 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 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 3 contracts

Samples: Credit Agreement (Belden Inc.), Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup 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: 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 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 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: Credit Agreement (Ultralife Batteries Inc), Credit Agreement (Cadmus Communications Corp/New), First Lien Credit Agreement (Wca Waste 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 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 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 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: Credit Agreement (Stone Energy Corp), Credit Agreement (Stone Energy 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 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 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 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 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 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: And Consolidated 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 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 XL Group and any Specified Account Party 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 90 days prior to the date that such Lender or such Issuing Bank, as the case may be, Lender notifies the Borrower XL Group 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 90 day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 2 contracts

Samples: Secured Credit Agreement (Xl Group LTD), Unsecured Credit Agreement (Xl Group LTD)

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 reserve, tax, lost compensation, increased costs or reductions suffered or incurred more than six months 270 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 cause giving rise to such reserve, tax, lost compensation, 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 (Rowan Companies PLC), Credit Agreement (Rowan Companies PLC)

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 no Obligor shall not be required to compensate a Lender or an the Issuing Bank pursuant to the foregoing provisions of 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, Bank notifies the Borrower in writing of the any such 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, (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). SECTION 2.14.

Appears in 2 contracts

Samples: Credit Agreement (Oaktree Specialty Lending Corp), Secured Revolving Credit Agreement (Capital Southwest 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 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 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: 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 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 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: 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 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: Counterpart Agreement (Fusion Connect, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.)

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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: 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 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: Securities Pledge 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 '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.), Assignment and Assumption (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 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 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 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 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, Revolving Credit Agreement (Enstar Group 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 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 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 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: Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD)

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: And Consolidated 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 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 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 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 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: Security 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 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 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.), Year 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: Assignment and Assumption (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 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 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 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: Agreement (Lojack Corp), 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 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 2 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier 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 's or such Issuing the Fronting Bank’s '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 or reductions incurred more than six 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 's or such Issuing the Fronting Bank’s '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

Samples: Second Lien Credit Agreement (Krispy Kreme Doughnuts 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.). 52450492_8

Appears in 1 contract

Samples: Credit Agreement (National Health Investors 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 9 months 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 six9-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Wayne Farms, 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, providedfurther 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 (BlackRock Kelso Capital 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 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

Samples: Credit Agreement (Nextel Communications 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 such 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 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 1 contract

Samples: Credit Agreement (Bearingpoint 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 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.). #PageNum# LEGAL02/33558006v8

Appears in 1 contract

Samples: Credit Agreement (Scana 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 provided, 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 Bank, as the case may be, Lender 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 six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.)

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

Samples: Security Agreement (Foster Wheeler 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 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 Bank or any Issuing Bank Letter of Credit Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such LenderBank’s or such Issuing BankLetter 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 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 BankLetter of Credit Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such LenderBank’s or such Issuing BankLetter 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 1 contract

Samples: Credit Agreement (Nutraceutical International 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 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 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 1 contract

Samples: Year Revolving Credit Agreement (Diamond Offshore Drilling 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 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 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: Senior Secured Revolving Credit Agreement (PBF Holding Co LLC)

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 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 Administrative 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-month ninemonth period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Novelis Inc.)

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