Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 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 Sections 1.10, 1.11, 2.06 1.11 or 4.04 of this Agreement2.06, unless a Bank Lender gives notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay an amount under any such Section within one year 135 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 135 days prior to such Bank Lender giving notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 12.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.041.11 or 2.06.
Appears in 3 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 3 contracts
Samples: Credit Agreement (Fairchild Semiconductor Corp), Credit Agreement (Generac Portable Products Inc), Credit Agreement (Howmet Corp /New/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 1.11 or 4.04 3.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be. This Section 13.15 11.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.11 and 4.043.04.
Appears in 3 contracts
Samples: Credit Agreement (Northwest Airlines Corp), Credit Agreement (Northwest Airlines Corp), Credit Agreement (Northwest Airlines Corp)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.11 or 4.04 3.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is they are obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 Section 1.08 or 4.04 1.09 of this Agreement, unless a Bank gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 1.08 or 4.041.09, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.041.08 and 1.09, as the case may be. This Section 13.15 12.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.08 and 4.041.09.
Appears in 2 contracts
Samples: Term Loan Agreement (Sullivan Graphics Inc), Term Loan Agreement (Acg Holdings Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.101.09, 1.11, 2.06 1.10 or 4.04 3.05 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) in the case of Taxes, the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.06 or 4.043.05, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 or 4.043.05, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 and 4.043.05.
Appears in 2 contracts
Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Genco Shipping & Trading LTD)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.104.03, 1.11, 2.06 4.05 or 4.04 4.06 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year sixty (60) days after the later of (xa) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10Sections 4.03, 1.11, 2.06 4.05 or 4.044.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year sixty (60) days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.03, 1.11, 2.06 4.05 or 4.044.06, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.104.03, 1.11, 2.06 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 Sections 1.101.09, 1.11, 2.06 1.10 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 270 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.06 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 Sections 1.102.10, 1.112.11, 2.06 3.06 or 4.04 5.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is they are obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.102.10, 1.112.11, 2.06 3.06 or 4.045.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.06 3.06 or 4.045.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.112.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 4.3 or 4.04 4.5 of this Agreement, unless a Bank Lender gives notice to the Borrowers a Borrower that it is obligated to pay an amount under any such Section within one year 90 days after the later of (xi) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 Sections 4.3 or 4.044.5, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 90 days prior to such Bank Lender giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 Sections 4.3 or 4.044.5, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 1.11 or 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be. This Section 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 Section 2.10 or 4.04 2.11 of this Agreement, unless a Bank Lender gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank Lender incurs the respective increased costs, Taxesloss, expense or liability, reduction 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 2.10 or 2.11, as the case may be, to the extent of the costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent 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 one year six months prior to such Bank Lender giving notice to the Borrowers 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, 2.06 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 13.15 13.24 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.042.10 or 2.11.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement (Cooper-Standard Holdings Inc.), Debt Agreement (Cooper-Standard Holdings Inc.)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement4.04, unless a Bank Lender gives notice to the Borrowers Borrower that it the Borrower is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it the Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.This
Appears in 2 contracts
Samples: Credit Agreement (Symons Corp), Credit Agreement (Marathon Power Technologies Co)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 1.11 or 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be. This Section 13.15 13.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Pacer Express Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.101.09, 1.11, 2.06 1.10 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.06 1.10 and 4.04.
Appears in 2 contracts
Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (Genco Shipping & Trading LTD)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 1.11 or 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be. This Section 13.15 12.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.11 and 4.042.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 3.01(f), 1.11, 2.06 3.03 or 4.04 3.04 of this Agreement, unless the Administrative Agent or a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.103.01(f), 1.11, 2.06 3.03 or 4.043.04, as the case may be, to the extent the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.103.01(f), 1.11, 2.06 3.03 or 4.043.04, as the case may be. This Section 13.15 3.05(c) shall have no applicability to any Section of this Agreement other than said Sections 1.10Section 3.01(f), 1.11, 2.06 and 4.043.03 or 3.04.
Appears in 1 contract
Samples: Credit Agreement (W R Grace & Co)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 1.04 or 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.04 or 4.042.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.04 or 4.042.06, as the case may be. This Section 13.15 10.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.041.04 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.10, 1.11, 2.06 2.11 or 4.04 5.04 of this Agreement, unless a Bank gives notice to the Borrowers that it is they are obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.102.10, 1.11, 2.06 2.11 or 4.045.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.11, 2.06 2.11 or 4.045.04, as the case may be. This Section 13.15 12.16 shall have no applicability to any Section of this Agreement other than said Sections 1.10Section 2.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement4.04, unless a Bank gives notice to the Borrowers Borrower that it the Borrower is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Borrower that it the Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 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, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 1.11 or 4.04 2.05 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.05, as the case may be. This Section 13.15 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.11 and 4.042.05.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.09, 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) in the case of Taxes, the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 2.05 and 4.044.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.08 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year 150 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 1.08 or 4.04, as the case may be, to the extent (1) the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 150 days prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.This
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is they are obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 1.11, 1.111.12, 2.06 or 4.04 of this Agreement4.04, unless a Bank Lender gives notice to the Borrowers that it is they are obligated to pay an amount under any such the respective Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10Sections 1.11, 1.111.12, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, Sections 1.11, 2.06 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 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 1.12, 2.06 and or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the a Borrower or Borrowers that it is obligated to pay an amount under any such respective Section within one year 120 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be, to the extent the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 120 days prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.12, 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 13.15 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.12, 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 Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.14 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything ------------------------------------- to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the 153 respective Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such respective Section within one year 120 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be, to the extent the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 120 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Each Bank, in determining additional amounts owing under Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, will act reasonably and 4.04.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
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 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 one year six months prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 1.14 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 1.08, 1.11, 2.06 1.09 or 4.04 of this Agreement3.04, unless a Bank Lender gives notice to the Borrowers that it is obligated to pay an amount under any such the respective Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10Sections 1.08, 1.11, 2.06 1.09 or 4.043.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 1.08, 1.111.09, 2.06 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 13.15 11.17 shall have no applicability to any Section of this Agreement other than said Sections 1.101.08, 1.11, 2.06 and 4.041.09 or 3.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any the respective such Section within one year after the later of (xi) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 4.3 or 4.04 4.5 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 90 days after the later of (xi) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 Sections 4.3 or 4.044.5, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 90 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 Sections 4.3 or 4.044.5, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 4.3 and 4.044.5.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.10, 1.11, 2.06 2.11 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.102.11, 1.11, 2.06 2.12 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.11, 1.11, 2.06 2.12 or 4.04, as the case may be. This Section 13.15 14.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.11, 1.11, 2.06 2.12 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 or 4.04 of this Agreement4.04, unless a Bank gives notice to the Borrowers Company that it is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Company pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Company that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 14.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding ------------------------------------- anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 or 4.04 of this Agreement4.04, unless a Bank gives notice to the Borrowers Company that it is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Company pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Company that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 14.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives 154 notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 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 Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such respective Section within one year 120 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be, to the extent the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 120 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Each Bank, in determining additional amounts owing under Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, will act reasonably and 4.04.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
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.11 or 4.04 of this Agreement2.06, unless a Bank Lender gives notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay an amount under any such Section within one year 135 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 135 days prior to such Bank Lender giving notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 12.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement4.04, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, . 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, . 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.09, 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) in the case of Taxes, the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 15.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.104.03, 1.11, 2.06 4.05 or 4.04 4.06 of this Agreement, unless a Bank Lender or the Issuing Lender gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year sixty (60) days after the later of (xa) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10Sections 4.03, 1.11, 2.06 4.05 or 4.044.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year sixty (60) days prior to such Bank Lender or the Issuing Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.03, 1.11, 2.06 4.05 or 4.044.06, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.104.03, 1.11, 2.06 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 Sections 1.10Section 2.10, 1.112.11, 2.06 or 4.04 of this Agreement4.4, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section the respective section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.102.10, 1.112.11, 2.06 or 4.044.4, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.06 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 13.15 20.17 shall have no applicability to any Section section of this Agreement other than said Sections 1.10Section 2.10, 1.112.11, 2.06 and 4.04or 4.4.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 90 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year 90 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers a Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 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 are incurred or suffered on or after the date which occurs one year six months prior to such Bank giving notice to the Borrowers respective Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, -146- as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.101.102.10, 1.111.112.11, 2.06 2.063.06 or 4.04 4.045.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is they are obligated to pay an amount under any such Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.101.102.10, 1.111.112.11, 2.06 2.063.06 or 4.044.045.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers BorrowersBorrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.102.10, 1.111.112.11, 2.06 2.063.06 or 4.044.045.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.102.10, 1.111.112.11, 2.06 2.063.06 and 4.044.045.04.
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.09, 1.11, 2.06 2.10 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10Sections 2.09, 1.11, 2.06 2.10 or 4.04, 4.04 as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 2.09, 1.11, 2.06 2.10 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.09, 1.11, 2.06 and 2.10 or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 2.10, 1.11, 2.06 2.11 or 4.04 3.06 of this Agreement, unless a Bank Lender gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank Lender incurs the respective increased costs, Taxesloss, expense or liability, reduction 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 2.10, 2.11 or 3.06, as the case may be, to the extent of the costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent 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 one year six months prior to such Bank Lender giving notice to the Borrowers respective Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11 or 3.06, 2.06 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 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.This
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year six months after the later of (x) the date the Bank 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 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year six months prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 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 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is they are obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers that it is they are obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 2.05 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 Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement4.04, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 Section 1.08 or 4.04 1.09 of this Agreement, unless a Bank gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 1.08 or 4.041.09, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.041.08 and 1.09, as the case may be. This Section 13.15 11.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.08 and 4.041.09.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.104.3, 1.11, 2.06 4.5 or 4.04 4.6 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 90 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10Sections 4.3, 1.11, 2.06 4.5 or 4.044.6, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 90 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 4.3, 1.11, 2.06 4.5 or 4.044.6, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.104.3, 1.11, 2.06 and 4.044.5 or 4.6.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 2.10, 1.11, 2.06 2.11 or 4.04 5.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.102.10, 1.11, 2.06 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 one year six months prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.11, 2.06 2.11 or 4.045.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.11, 2.06 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 Sections Section 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 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 one year six months prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10Section 1.11, 1.111.12, 2.06 or 4.04 of this Agreement4.04, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10Sections 1.11, 1.111.12, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, Sections 1.11, 2.06 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 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 1.12, 2.06 and or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything -------------------------------------- to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.18 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Alliance Imaging of Michigan Inc)
Limitation on Additional Amounts, etc. Notwithstanding Not- withstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 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 Sections 1.101.09, 1.11, 2.06 1.10 or 4.04 3.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) in the case of Taxes, the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.06 or 4.043.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 or 4.043.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 and 4.043.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.10, 1.11, 2.06 2.11 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.102.11, 1.11, 2.06 2.12 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.102.11, 1.11, 2.06 2.12 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.11, 1.11, 2.06 2.12 and 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.12, 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such respective Section within one year 120 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 1.12, 2.05 or 4.04, as the case may be, to the extent the costs, Taxestaxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 120 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.12, 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 13.15 1.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.12, 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 Sections Section 1.10, 1.11, 1.11 or 2.06 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers respective Borrower that it is obligated to pay an amount under any such the respective Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers such Borrower pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers such Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be. This Section 13.15 13.21 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 or 4.04 of this Agreement4.04, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such the respective Section within one year 180 days after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section Sections 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section Sections 1.10, 1.11, 2.06 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 13.15 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and or 4.04.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any the respective such Section within one year 180 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 180 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.044.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.This
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding Not-withstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 1.11 or 4.04 of this Agreement2.06, unless a Bank gives notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay an amount under any such Section within one year 135 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be, to the extent the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 135 days prior to such Bank giving notice to the Borrowers Silgan that it Silgan or another Borrower is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.042.06, as the case may be. This Section 13.15 12.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.041.11 or 2.06.
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 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 one year six months prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 13.19 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 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 Sections 1.10, 1.11, 2.06 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 150 days after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent (I) the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 150 days prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 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 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 and 4.04.This
Appears in 1 contract
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections Section 1.10, 1.11, 2.06 1.11 or 4.04 3.04 of this Agreement, unless a Bank gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 1.11 or 4.043.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 1.11 and 4.043.04.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.10, 1.112.11, 2.06 3.06 or 4.04 5.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.102.10, 1.112.11, 2.06 3.06 or 4.045.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.112.11, 2.06 3.06 or 4.045.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.112.11, 2.06 3.06 and 4.045.04.
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Samples: Credit Agreement (Furniture Brands International Inc)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 Section 4.1 or 4.04 4.2 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year 90 days after the later of (xi) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 4.1 or 4.044.2, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year 90 days prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 4.1 or 4.044.2, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 4.1 and 4.044.2.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.102.10, 1.11, 2.06 2.11 or 4.04 4.03 of this Agreement, (a) a Bank shall not be entitled to payment of any amount under any such Section from a Borrower unless such Bank is seeking payment from other borrowers similarly situated in respect of the relevant increased costs, Taxes, losses, expenses or liabilities, reduction in amounts received or receivable or reduction in return on capital, and (b) unless a Bank gives notice to the Borrowers that it is they are obligated to pay an amount under any such Section within one year six months after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.102.10, 1.11, 2.06 2.11 or 4.044.03, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year six months prior to such Bank giving Bank's notice to the Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.102.10, 1.11, 2.06 2.11 or 4.044.03, as the case may be. This Section 13.15 11.15 shall have no applicability to any Section of this Agreement other than said Sections 1.102.10, 1.11, 2.06 2.11 and 4.044.03.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the 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 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 Bank shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.05 and 4.04.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.09, 1.10, 1.11, 2.06 2.05 or 4.04 4.06 of this Agreement, unless a Bank Lender gives notice to the Borrowers that it is they are obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.044.06, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers that it is they are obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.044.06, as the case may be. This Section 13.15 12.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 and 4.04.2.05 or 4.06. -106- 113
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.101.09, 1.11, 2.06 1.10 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.101.09, 1.11, 2.06 1.10 or 4.04, as the case may be. This Section 13.15 14.15 shall have no applicability to any Section of this Agreement other than said Sections 1.101.09, 1.11, 2.06 1.10 and 4.04.
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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.09, 1.10, 1.11, 2.06 2.05 or 4.04 of this Agreement, unless a Bank Lender gives notice to the Borrowers Borrower that it is obligated to pay an amount under any such Section within one year after the later of (x) the date the Bank 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 Bank 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 Bank Lender shall only be entitled to be compensated for such amount jointly and severally by the Borrowers Borrower pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs one year prior to such Bank Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.09, 1.10, 1.11, 2.06 2.05 or 4.04, as the case may be. This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.09, 1.10, 1.11, 2.06 2.05 and 4.04.
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