Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 3 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc), Credit Agreement (Pacer International Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 1.11 or 4.04 3.04 of this Agreement, unless a Lender gives notice to the Borrower that it is they are obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.11 and 4.043.04.
Appears in 3 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 3 contracts
Samples: Credit Agreement (Pacer Express Inc), Credit Agreement (Building One Services Corp), Credit Agreement (Alliance Imaging Inc /De/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 3 contracts
Samples: Credit Agreement (Generac Portable Products Inc), Security Agreement (Howmet Corp /New/), Credit Agreement (Fairchild Semiconductor Corp)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 1.11 or 4.04 of this Agreement2.06, unless a Lender gives notice to the Silgan that Silgan or another Borrower that it is obligated to pay an amount under any such Section within six months 135 days after the later of (x) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 135 days prior to such Lender giving notice to the Silgan that Silgan or another Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be; provided however, that if the circumstances giving rise to such claims have a retroactive effect, such 135 day period shall be extended to include the period of such retroactive effect. This Section 13.18 12.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 3 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Silgan Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.04 5.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.04, 5.04 as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.045.04, as the case may be. This Section 13.18 14.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.09, 1.11, 2.05 and 4.042.10 or 5.04.
Appears in 3 contracts
Samples: Priority Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 3.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be. This Section 13.18 11.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.11 and 4.043.04.
Appears in 3 contracts
Samples: Credit Agreement (Northwest Airlines Corp), Credit Agreement (Northwest Airlines Corp), Northwest Airlines Corp
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be; provided that if the circumstances giving rise to such claims have a retroactive effect, then such six month period shall be extended to include the period of such retroactive effect. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Commodore Media Inc), Credit Agreement (Capstar Broadcasting Corp)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 2.06 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.04 4.06 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months sixty (60) days after the later of (xa) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yb) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.044.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months sixty (60) days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.044.06, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.104.03, 1.11, 2.05 and 4.044.05 or 4.06.
Appears in 2 contracts
Samples: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.09, 1.11, 2.05 1.10 or 4.04 3.05 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) in the case of Taxes, the date the Lender receives notice from the relevant taxing authority of the respective increased cost, Tax, loss, expense or liability, and in all other cases the date the Lender incurs the respective increased costs, Taxescost, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.043.05, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.043.05, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.043.05.
Appears in 2 contracts
Samples: Credit Agreement (Baltic Trading LTD), Pledge and Security Agreement (Genco Shipping & Trading LTD)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.08 or 4.04 1.09 of this Agreement, unless a Lender Bank gives notice to the respective Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 1.08 or 4.041.09, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.041.08 and 1.09, as the case may be. This Section 13.18 12.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.08 and 4.041.09.
Appears in 2 contracts
Samples: Agreement (Acg Holdings Inc), Term Loan Agreement (Sullivan Graphics Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.10, 1.112.11, 2.05 3.06 or 4.04 5.04 of this Agreement, unless a Lender gives notice to the Borrower that it is they are obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.102.10, 1.112.11, 2.05 3.06 or 4.045.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.05 3.06 or 4.045.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.112.11, 2.05 3.06 and 4.045.04.
Appears in 2 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Eye Care Centers of America Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 Sections 4.3 or 4.04 4.5 of this Agreement, unless a Lender gives notice to the a Borrower that it is obligated to pay an amount under any such Section within six months 90 days after the later of (xi) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yii) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 4.3 and 4.044.5.
Appears in 2 contracts
Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.09, 1.11, 2.05 1.10 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 270 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.05 1.10 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 2.06 of this Agreement, unless a Lender Bank gives notice to the respective Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be. This Section 13.18 13.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.09, 1.11, 2.05 1.10 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.05 1.10 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Genco Shipping & Trading LTD), Credit Agreement (General Maritime Corp/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement4.04, unless a Lender gives notice to the Borrower that it the Borrower is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it the Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 1.14 shall have no applicability to any Section of this Agreement or any other Credit Document other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 2 contracts
Samples: Security Agreement (Symons Corp), Security Agreement (Marathon Power Technologies Co)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 2.10 or 4.04 2.11 of this Agreement, unless a Lender gives notice to the respective Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the respective Borrower pursuant to said Section 1.10, 1.11, 2.05 2.10 or 4.042.11, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the respective Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10 or 2.11, 1.11as the case may be (provided further that, 2.05 if any Requirement of Law giving rise, directly or 4.04indirectly, to such obligation to pay under Section 2.10 or 2.11, as the case may be, is retroactive, then the six month period referred to above shall be extended to include the period of retroactive effect thereof). This Section 13.18 13.24 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.042.10 or 2.11.
Appears in 2 contracts
Samples: Possession Credit Agreement (Cooper-Standard Holdings Inc.), Possession Credit Agreement (Cooper-Standard Holdings Inc.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.10, 1.11, 2.05 2.11 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.102.11, 1.11, 2.05 2.12 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.11, 1.11, 2.05 2.12 or 4.04, as the case may be. This Section 13.18 14.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.11, 1.11, 2.05 2.12 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement4.04, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section Sections 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section Sections 1.10, 1.11, 2.05 2.06, or 4.04, as the case may be; provided, however, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 2.06 or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 Sections 4.3 or 4.04 4.5 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 90 days after the later of (xi) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yii) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 4.3 and 4.044.5.
Appears in 1 contract
Samples: Credit Agreement (Hanesbrands Inc.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 Sections 1.08 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months 150 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 1.08 or 4.04, as the case may be, to the extent of (1) the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 150 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.08 or 4.04, as the case may be, and (II) the notice of such payment is accompanied by a written statement by the Lenders that such amount is an amount charged by such Lenders to similarly situated borrowers. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.08 and 4.04.. * * *
Appears in 1 contract
Samples: Presstek Inc /De/
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.11, 1.111.12, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such respective Section within six months 120 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxestaxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 120 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be. Each Bank, in determining additional amounts owing under Sections 1.11, 1.12, 2.05 or 4.04, will act reasonably and in good faith, provided that such Bank's determination of such additional amounts so owing shall, absent manifest error, be final and conclusive and binding on all parties hereto. This Section 13.18 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.11, 1.111.12, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is they are obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything -------------------------------------- to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement4.04, unless a Lender Bank gives notice to the Borrower that it the Borrower is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender such Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower that it the Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 1.14 shall have no applicability to any Section of this Agreement or any other Credit Document other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding Not-withstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 1.11 or 4.04 of this Agreement2.06, unless a Lender Bank gives notice to the Silgan that Silgan or another Borrower that it is obligated to pay an amount under any such Section within six months 135 days after the later of (x) the date the Lender such Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 135 days prior to such Lender Bank giving notice to the Silgan that Silgan or another Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be. This Section 13.18 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything -------------------------------------- to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Alliance Imaging of Michigan Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.04, 4.04 as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 2.09, 1.11, 2.05 2.10 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.09, 1.11, 2.05 and 2.10 or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.103.01(f), 1.11, 2.05 3.03 or 4.04 3.04 of this Agreement, unless the Administrative Agent or a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxestaxes, loss, expense or liability, liability reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.103.01(f), 1.11, 2.05 3.03 or 4.043.04, as the case may be, to the extent of the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.103.01(f), 1.11, 2.05 3.03 or 4.043.04, as the case may be. This Section 13.18 3.05(c) shall have no applicability to any Section of this Agreement other than said Sections 1.10Section 3.01(f), 1.11, 2.05 and 4.043.03 or 3.04.
Appears in 1 contract
Samples: Security Agreement (W R Grace & Co)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months 90 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable 165 or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.102.10, 1.11, 2.05 2.11 or 4.04 5.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.102.10, 1.11, 2.05 2.11 or 4.045.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.11, 2.05 2.11 or 4.045.04, as the case may be. This Section 13.18 shall 112 have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.11, 2.05 and 4.042.11 or 5.04.
Appears in 1 contract
Samples: Credit Agreement (United Online Inc)
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the respective Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (MTL Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 2.06 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be. This Section 13.18 12.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.11 and 4.042.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.08 or 4.04 1.09 of this Agreement, unless a Lender Bank gives notice to the respective Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 1.08 or 4.041.09, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.041.08 and 1.09, as the case may be. This Section 13.18 11.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.08 and 4.041.09.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense 112 or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything ------------------------------------- to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.. * * * *
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.. 121
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.09, 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) in the case of Taxes, the date the Lender receives notice from the relevant taxing authority of the respective increased cost, Tax, loss, expense or liability, and in all other cases the date the Lender incurs the respective increased costs, Taxescost, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything -------------------------------------- to the contrary contained in Section 1.10Sections 1.11, 1.111.12, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such respective Section within six months 120 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxestaxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 120 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be. Each Bank, in determining additional amounts owing under Sections 1.11, 1.12, 2.05 or 4.04, will act reasonably and in good faith, provided that such Bank's -------- determination of such additional amounts so owing shall, absent manifest error, be final and conclusive and binding on all parties hereto. This Section 13.18 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.11, 1.111.12, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.14 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Todco)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 4.1 or 4.04 4.2 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 90 days after the later of (xi) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yii) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 4.1 or 4.044.2, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 4.1 or 4.044.2, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 4.1 and 4.04.4.2. ARTICLE V CONDITIONS TO CREDIT EXTENSIONS
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement4.04, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, . 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, . 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 2.06 of this Agreement, unless a Lender gives notice to the respective Borrower that it is obligated to pay an amount under such the respective Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be. This Section 13.18 13.21 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding ------------------------------------- anything to the contrary contained in Section 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement4.04, unless a Lender Bank gives notice to the Borrower Company that it is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Company pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower Company that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 14.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.101.08, 1.11, 2.05 1.09 or 4.04 of this Agreement3.04, unless a Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under such the respective Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10Sections 1.08, 1.11, 2.05 1.09 or 4.043.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 1.08, 1.111.09, 2.05 or 4.043.04, as the case may be; provided, however, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.18 11.17 shall have no applicability to any Section of this Agreement other than said Sections 1.101.08, 1.11, 2.05 and 4.041.09 or 3.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under the respective such Section within six months one year after the later of (xi) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yii) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower Borrowers that it is they are obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and or 4.04.
Appears in 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 1.11 or 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.05, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.05, as the case may be. This Section 13.18 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.11 and 4.042.05.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction -158- in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Pca Valdosta Corp)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.09, 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.09, 1.10, 1.11, 2.05 or 4.04 4.06 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.044.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower Borrowers that it is they are obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.044.06, as the case may be. This Section 13.18 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.04.or 4.06. -106- 113
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 1.11 or 4.04 of this Agreement2.06, unless a Lender gives notice to the Silgan that Silgan or another Borrower that it is obligated to pay an amount under any such Section within six months 135 days after the later of (x) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be, to the extent of the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 135 days prior to such Lender giving notice to the Silgan that Silgan or another Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.042.06, as the case may be; provided however, that if the circumstances giving rise to such claims have a retroactive effect, such 135 day period shall be extended to include the period of such retroactive effect. This Section 13.18 12.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 150 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of (I) the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 150 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, and (II) the notice of such payment is accompanied by a written statement by the Banks that such amount is an amount charged by such Banks to similarly situated borrowers. This Section 13.18 12.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.10, 1.11, 2.05 2.11 or 4.04 5.04 of this Agreement, unless a Lender Bank gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender such Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) 60 days after the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.102.10, 1.11, 2.05 2.11 or 4.045.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.11, 2.05 2.11 or 4.045.04, as the case may be. This Section 13.18 12.16 shall have no applicability to any Section of this Agreement other than said Sections 1.10Section 2.10, 1.11, 2.05 2.11 and 4.04.5.04. Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.04 4.06 of this Agreement, unless a Lender or the Issuing Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months sixty (60) days after the later of (xa) the date the Lender or the Issuing Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yb) the date such Lender or the Issuing Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.044.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months sixty (60) days prior to such Lender or the Issuing Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.03, 1.11, 2.05 4.05 or 4.044.06, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.104.03, 1.11, 2.05 and 4.044.05 or 4.06.
Appears in 1 contract
Samples: Credit Agreement (Brookfield Infrastructure Partners L.P.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.12, 2.06 or 4.04 of this Agreement4.04, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, Sections 1.11, 2.05 1.12, 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, Sections 1.11, 2.05 1.12, 2.06, or 4.04, as the case may be; provided, however, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 1.12, 2.06 or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under the respective such Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04. Each Bank shall be entitled to be compensated for amounts pursuant to Sections 1.10, 1.11, 2.05 and 4.04 only to the extent such Bank makes the same demands for compensation from all of its other customers facing the same or similar circumstances.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 Sections 4.3 or 4.04 4.5 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 90 days after the later of (xi) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yii) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 Sections 4.3 or 4.044.5, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 4.3 and 4.04.4.5. First Lien Credit Agreement
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement4.04, unless a Lender Bank gives notice to the Borrower Company that it is obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Company pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender Bank giving notice to the Borrower Company that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 14.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrower pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.09, 1.11, 2.05 1.10 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.05 1.10 or 4.04, as the case may be. This Section 13.18 14.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.05 1.10 and 4.04.
Appears in 1 contract
Samples: General Maritime Corp/
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.102.10, 1.112.11, 2.05 or 4.04 of this Agreement4.4, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section the respective section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.102.10, 1.112.11, 2.05 or 4.044.4, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.05 or 4.044.4, as the case may be; provided, however, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.18 20.17 shall have no applicability to any Section section of this Agreement other than said Sections 1.10Section 2.10, 1.112.11, 2.05 and 4.04or 4.4.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Limitation on Additional Amounts, etc. Notwithstanding Not- withstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Interco Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.10, 1.11, 2.05 2.11 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.102.11, 1.11, 2.05 2.12 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.11, 1.11, 2.05 2.12 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.11, 1.11, 2.05 2.12 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the respective Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.09, 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) in the case of Taxes, the date the Lender receives notice from the relevant taxing authority of the respective increased cost, Tax, loss, expense or liability, and in all other cases the date the Lender incurs the respective increased costs, Taxescost, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 15.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Pledge and Security Agreement (Genco Shipping & Trading LTD)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.11, 1.111.12, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such respective Section within six months 120 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxestaxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 120 days prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be. Each Bank, in determining additional amounts owing under Sections 1.11, 1.12, 2.05 or 4.04, will act reasonably and in good faith, provided that such Bank’s determination of such additional amounts so owing shall, absent manifest error, be final and conclusive and binding on all parties hereto. This Section 13.18 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.11, 1.111.12, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 2.10, 1.112.11, 2.05 3.06 or 4.04 5.04 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrower Borrowers pursuant to said Section 1.102.10, 1.112.11, 2.05 3.06 or 4.045.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.05 3.06 or 4.045.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.112.11, 2.05 3.06 and 4.045.04.
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.11, 1.111.12, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the a Borrower or Borrowers that it is obligated to pay an amount under any such respective Section within six months 120 days after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxestaxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 120 days prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.11, 1.111.12, 2.05 or 4.04, as the case may be. Each Bank, in determining additional amounts owing under Sections 1.11, 1.12, 2.05 or 4.04, will act reasonably and in good faith, provided that such Bank’s determination of such additional amounts so owing shall, absent manifest error, be final and conclusive and binding on all parties hereto. This Section 13.18 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.11, 1.111.12, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under such the 153 respective Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be; provided that if the circumstances giving rise to such claims have a retroactive effect, then such six month period shall be extended to include the period of such retroactive effect. This Section 13.18 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Capstar Radio Broadcasting Partners Inc)
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement4.04, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 Sections 1.04 or 4.04 2.06 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 1.04 or 4.042.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.04 or 4.042.06, as the case may be. This Section 13.18 10.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.041.04 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such the respective Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be; provided that if the circumstances giving rise to such claims have a retroactive effect, then such six month period shall be extended to include the period of such retroactive effect. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Capstar Broadcasting Partners Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.12, 2.06 or 4.04 of this Agreement4.04, unless a Lender gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under such the respective Section within six months 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, Sections 1.11, 2.05 1.12, 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, Sections 1.11, 2.05 1.12, 2.06, or 4.04, as the case may be; provided, however, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.18 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 1.12, 2.06 or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything -------------------------------------- to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the a Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the respective Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, -146- as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 1.14 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or -133- receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 4.3, 1.11, 2.05 4.5 or 4.04 4.6 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months 90 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10Sections 4.3, 1.11, 2.05 4.5 or 4.044.6, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.3, 1.11, 2.05 4.5 or 4.044.6, as the case may be. This Section 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.104.3, 1.11, 2.05 and 4.044.5 or 4.6.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.102.10, 1.11, 2.05 2.11 or 4.04 3.06 of this Agreement, unless a Lender gives notice to the respective Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the respective Borrower pursuant to said Section 1.102.10, 1.11, 2.05 2.11 or 4.043.06, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the respective Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11 or 3.06, 2.05 as the case may be (provided further that, if any Requirement of Law giving rise, directly or 4.04indirectly, to such obligation to pay under Section 2.10, 2.11 or 3.06, as the case may be, is retroactive, then the six month period referred to above shall be extended to include the period of retroactive effect thereof). This Section 13.18 13.24 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.11, 2.05 and 4.042.11 or 3.06.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.05 1.11 or 4.04 3.04 of this Agreement, unless a Lender Bank gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender Bank giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 1.11 or 4.043.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 1.11 and 4.043.04.
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Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Section 1.10, 1.11, 2.05 or 4.04 of this Agreement, unless a Lender Bank gives 154 notice to the respective Borrower that it is obligated to pay an amount under such Section within six months after the later of (x) the date the Lender Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the such Borrower pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months prior to such Lender Bank giving notice to the such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 or 4.04, as the case may be. This Section 13.18 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 and 4.04.
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Samples: Credit Agreement (Dade Behring Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.09, 1.11, 2.05 1.10 or 4.04 3.04 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months one year after the later of (x) in the case of Taxes, the date the Lender receives notice from the relevant taxing authority of the respective increased cost, Tax, loss, expense or liability, and in all other cases the date the Lender incurs the respective increased costs, Taxescost, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.043.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.05 or 4.043.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.05 and 4.043.04.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section Sections 1.10, 1.11, 2.05 2.06 or 4.04 of this Agreement, unless a Lender gives notice to the Borrower Borrowers that it is obligated to pay an amount under any such Section within six months one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrower Borrowers pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months one year prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.05 2.06 or 4.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.05 2.06 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Section 1.10Sections 1.102.10, 1.111.112.11, 2.05 2.063.06 or 4.04 4.045.04 of this Agreement, unless a Lender gives notice to the Borrower that it is they are obligated to pay an amount under any such Section within six months 180 days after the later of (x) the date the Lender incurs the [Different first page link-to-previous setting changed from off in original to on in modified]. [Link-to-previous setting changed from on in original to off in modified]. respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.101.102.10, 1.111.112.11, 2.05 2.063.06 or 4.044.045.04, as the case may be, to the extent of the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital that are incurred or suffered on or after the date which occurs six months 180 days prior to such Lender giving notice to the Borrower BorrowersBorrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.102.10, 1.111.112.11, 2.05 2.063.06 or 4.044.045.04, as the case may be. This Section 13.18 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.102.10, 1.111.112.11, 2.05 2.063.06 and 4.044.045.04.
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
