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 Lender gives notice to the Borrower that they are obligated to pay an amount under any such Section within 180 days after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.06 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 180 days prior to such 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 4 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 2.16 or 4.04 of this Agreement2.18, unless a Lender gives notice to the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that they are it is obligated to pay an amount under any such Section within 180 days six months after the later of (xa) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yb) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, 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 that occurs 180 days six months prior to such Lender giving notice to the Borrowers US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, as the case may be. This Section 13.15 10.16 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.16 and 4.042.18.
Appears in 4 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International 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 Lender gives notice to the Borrower that they are it is obligated to pay an amount under any such Section within 180 days six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.06 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 180 days six months prior to such 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 3 contracts
Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Quality Distribution Inc)
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 5.04 of this Agreement, unless a Lender gives notice to the Borrower that they are it is obligated to pay an amount under any such Section within 180 days one year after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10Sections 2.09, 1.11, 2.06 2.10 or 4.04, 5.04 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 180 days one year prior to such Lender giving notice to the Borrowers Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10Sections 2.09, 1.11, 2.06 2.10 or 4.045.04, 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 1.102.09, 1.11, 2.06 and 4.042.10 or 5.04.
Appears in 3 contracts
Samples: Priority Credit Agreement (Trico Marine Services Inc), Credit Agreement and Forbearance Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Limitation on Additional Amounts, etc. Notwithstanding -------------------------------------- anything to the contrary contained in Sections 1.10, 1.11, 2.06 Section 2.16 or 4.04 of this Agreement2.18, unless a Lender gives notice to the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that they are it is obligated to pay an amount under any such Section within 180 days six months after the later of (xa) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yb) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, 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 that occurs 180 days six months prior to such Lender giving notice to the Borrowers US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, as the case may be. This Section 13.15 10.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.16 and 4.042.18.
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals Group Inc), Credit Agreement (GSL Corp)
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, (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 Lender Bank gives notice to the Borrower Borrowers that they are obligated to pay an amount under any such Section within 180 days six months after the later of (x) the date the Lender such Bank incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender Bank has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower Borrowers pursuant to said Section 1.102.10, 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 180 days six months prior to such Lender 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 4.045.04, 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 1.102.10, 1.11, 2.06 2.11 and 4.045.04.
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 Agreement4.04, unless a Lender gives notice to the Borrower US Borrowers or the Dutch Borrower, as the case may be, that they are it is obligated to pay an amount under any such Section within 180 days six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower US Borrowers or the Dutch Borrower, as the case may be, 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 180 days six months prior to such Lender giving notice to the US Borrowers or the Dutch Borrower, as the case may be, 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 15.18 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 (RPP Capital Corp)
Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10, 1.11, 2.06 Section 2.16 or 4.04 of this Agreement2.18, unless a Lender gives notice to the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that they are it is obligated to pay an amount under any such Section within 180 days six months after the later of (xa) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (yb) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, 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 that occurs 180 days six months prior to such Lender giving notice to the Borrowers US Borrower, the Canadian Borrower or the UK Borrower, as the case may be, that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 2.16 or 4.042.18, as the case may be. This Section 13.15 10.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 2.16 and 4.042.18.
Appears in 1 contract