Common use of Limitation on Additional Amounts, etc Clause in Contracts

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III of this Credit Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under this Article within nine (9) months after the later of (i) the date the Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (ii) the date such Lender has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article III, to the extent of the costs, 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 nine (9) months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to this Article III.

Appears in 9 contracts

Samples: Credit Agreement (HSN, Inc.), Credit Agreement (HSN, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III Sections 4.3 or 4.5 of this Credit Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under this Article any such Section within nine (9) months 90 days after the later of (i) the date the Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (ii) the date such Lender has actual knowledge of its incurrence of the their respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article IIISections 4.3 or 4.5, 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 that are incurred or suffered on or after the date which occurs nine (9) months 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Sections 4.3 or 4.5, as the case may be. This Section shall have no applicability to any Section of this Article IIIAgreement other than Sections 4.3 and 4.5.

Appears in 4 contracts

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

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III of this Credit Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under this Article within nine (9) months after the later of (i) the date the Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (ii) the date such Lender has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article III, III to the extent of the costs, losslosses, expense expenses or liabilityliabilities, reduction reductions in amounts received or receivable or reduction reductions in return on capital that are incurred or suffered on or after the date which occurs nine (9) months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to this Article III.

Appears in 2 contracts

Samples: Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III 3 of this Credit Agreement, unless a Revolving Lender gives notice to the Borrower that it is obligated to pay an amount under this Article 3 within nine six (96) months after the later of (i) the viii)the date the Revolving Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (ii) the ix)the date such Revolving Lender has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Revolving Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article III3, to the extent of the costs, 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 nine six (96) months prior to such Revolving Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to this Article III3.

Appears in 1 contract

Samples: Year Credit Agreement (Directv)

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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III 3 of this Credit Agreement, unless a Revolving Lender gives notice to the Borrower that it is obligated to pay an amount under this Article 3 within nine six (96) months after the later of (iviii) the date the Revolving Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (iiix) the date such Revolving Lender has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Revolving Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article III3, to the extent of the costs, 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 nine six (96) months prior to such Revolving Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to this Article III3.

Appears in 1 contract

Samples: Year Credit Agreement (Directv)

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in this Article III 3 of this Credit Agreement, unless a Revolving Lender gives notice to the Borrower that it is obligated to pay an amount under this Article 3 within nine six (96) months after the later of (i) the date the Revolving Lender incurs the respective increased costs, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (ii) the date such Revolving Lender has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Revolving Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to this Article III3, to the extent of the costs, 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 nine six (96) months prior to such Revolving Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to this Article III3.

Appears in 1 contract

Samples: Credit Agreement (Directv Holdings LLC)

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