Common use of Delay in Requests Clause in Contracts

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 37 contracts

Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)

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Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days three (3) months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day three (3) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 32 contracts

Samples: Senior Secured Credit Agreement (Blue Owl Technology Income Corp.), Senior Secured Credit Agreement (Blue Owl Technology Finance Corp.), Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 26 contracts

Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the 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 LC the Issuing BankLender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 25 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; provided , provided, that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower KCMH of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing BankLender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 8 contracts

Samples: Guarantee and Security Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section Sections 3.1 or 3.2 shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section Sections 3.1 or 3.2 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, 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 LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 8 contracts

Samples: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 5 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Delay in Requests. Failure or delay on the part of any Lender Bank or LC an Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such LenderBank’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender Bank or LC an Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than 180 days 6 months prior to the date that such Lender Bank or LC 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 LenderBank’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 1806-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 5 contracts

Samples: Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section 3.4 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, 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 LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement (Idacorp Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 4 contracts

Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit), Revolving Credit Agreement (Bain Capital Private Credit), Credit Agreement (Barings Private Credit Corp)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.4 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.4 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch 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 Lender’s or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 4 contracts

Samples: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the provided, that, Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Option Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 3 contracts

Samples: Credit Agreement (BlackRock TCP Capital Corp.), Credit Agreement (BlackRock Capital Investment Corp), Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.5 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.5 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch Issuer, as the case may be, notifies the Lead Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180such nine-day month period referred to above shall be extended to include the period of retroactive effect thereofeffect).

Appears in 2 contracts

Samples: Credit Agreement (Pyramid Oil Co), Credit Agreement (Pyramid Delaware Merger Subsidiary, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section 10.3 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 10.1, for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law (provided that this provision will not apply to any Change in Law of the type referred to in clauses (x), (y) or (z) of the definition thereof) giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).. 10.4

Appears in 2 contracts

Samples: Security Agreement (Rent the Runway, Inc.), Security Agreement (Rent the Runway, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 270 days prior to the date that such Lender or LC 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 Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-270 day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Vanguard Natural Resources, LLC), Credit Agreement (Vanguard Natural Resources, LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 LC Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Midamerican Energy Holdings Co /New/)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (NGAS Resources Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section Sections 2.34 or 2.35 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section Sections 2.34 or 2.35 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof)) .

Appears in 2 contracts

Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraphs (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that provided, the Borrower Borrowers shall not be required to compensate a Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NRC Group Holdings Corp.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.13 for any Credit Agreement 63 -57- increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC 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 's or LC Issuing Bank’s 's intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextel Communications Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the applicable Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Vishay Precision Group, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Sciele Pharma, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, Issuer notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Windstar Energy, LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Applicable Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 90 days prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 18090-day period referred to above shall be extended to include the period of retroactive effect thereof).. Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Newell Rubbermaid Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.10 for any increased costs incurred or reductions suffered more than 180 two hundred seventy (270) days prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180270-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit, Security, Guaranty and Pledge Agreement (Eros International PLC)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof). SECTION 2.15.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Entergy Gulf States Louisiana, LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank the Letter of Credit Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (American Crystal Sugar Co /Mn/)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.5 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.5 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch 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 Lender’s or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Assignment and Assumption (BJ's Wholesale Club Holdings, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not 47345311_9 be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (National Health Investors Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 10.1 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 10.1 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Thomas & Betts Corp)

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Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.19 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.19 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Stanley, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.08 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.08 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (7 Eleven Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Willbros Group, Inc.\NEW\)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower Rayonier of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or LC Issuing Bank’s 's intention to claim compensation therefor (except Rayonier - 2011 Credit Agreement that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Applicable Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 90 days prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 18090-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Newell Rubbermaid Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 's or LC Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).. (e)

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section 10.3 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 10.1, for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law (provided that this provision will not apply to any Change in Law of the type referred to in clauses (x), (y) or (z) of the definition thereof) giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Security Agreement (Rent the Runway, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 6.6 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Facility Agreement (Phoenix Footwear Group Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.19 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be 93 required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.19 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (QualTek Services Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine–month period referred to above shall be extended to include the period of retroactive effect thereof).. (Credit Agreement) 44

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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, reductions and of such Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (LNT Leasing II, LLC)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Lonestar Resources US Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Georesources Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section 3.09 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower TCG of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing BankXxxxxx’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit Agreement (Carlyle Group Inc.)

Delay in Requests. Failure or delay on the part of any Lender Bank or LC any Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section §3.4 shall not constitute a waiver of such LenderBank’s or LC such Issuing Bank’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender Bank or LC an Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender Bank or LC 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 LenderBank’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Management Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that 742026061 21680120 such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day 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 (Morgan Stanley Direct Lending Fund)

Delay in Requests. Failure or delay on the part of any Lender or the LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or the LC Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or the LC 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 the LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Loan Agreement (Seracare Life Sciences Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs or expenses incurred or reductions suffered more than 180 days prior to the date that such Lender or LC 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, expenses or reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or expenses or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Velti PLC)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 1.13 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 1.13 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Gateway Trade Center Inc.)

Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, 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 LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (TRC Companies Inc /De/)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Loar Holdings Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.9 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.9 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Vishay Precision Group, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 120 days prior to the date that such Lender or LC the 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 LC the Issuing BankLender’s intention to claim compensation therefor (except that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180120-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Jack in the Box Inc /New/)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.13 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Revolving Credit Agreement (Hercules Capital, Inc.)

Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, 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 LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such 60 increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Assignment Agreement (TRC Companies Inc /De/)

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Company and the Designated Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC 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 LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Earthlink Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section 3.04, or Section 3.02 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to the foregoing provisions of this Section 3.04, or Section 3.02 for any increased costs incurred or reductions suffered (or other compensation provided in such Sections) incurred more than 180 90 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law or other applicable circumstance giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except thattherefore and provided, further, that if the Change in Law or other applicable circumstance giving rise to such increased costs or reductions is retroactive, then the 18090-day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Possession Credit Agreement (Toys R Us Inc)

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (PMFG, Inc.)

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