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

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 2.19, 2.20 or 2.22 of this Agreement, unless the Administrative Agent or a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 90 days after the later of (x) the date the Lender incurs the respective increased costs, Non-Excluded Taxes, Other 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, Non-Excluded Taxes, Other Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, such Lender shall not be entitled to be compensated for interest and penalties by the Borrower pursuant to Sections 2.19, 2.20, or 2.22, as the case may be, to the extent such interest or penalties are incurred or suffered on or after such date. This Section 2.25 shall have no applicability to any Section of this Agreement other than Sections 2.19, 2.20 or 2.22.

Appears in 5 contracts

Samples: Credit Agreement (Syniverse Technologies Inc), Credit Agreement (Syniverse Technologies Inc), Credit Agreement (Tronox Inc)

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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 2.19, 2.20 or 2.22 2.18 and 2.19 of this Agreement, unless the Administrative Agent or a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 90 180 days after the later of (x) the date the Lender incurs the respective increased costs, Non-Excluded Taxes, Other 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, Non-Excluded Taxes, Other Taxes, loss, expense or liability, liability reductions in amounts received or receivable or reduction in return on capital, then such Lender shall not only be entitled to be compensated for interest and penalties such amount by the Borrower Loan Parties pursuant to Sections 2.18 and 2.19, 2.20, or 2.22, as the case may be, to the extent such interest the costs, Non-Excluded Taxes, Other Taxes, loss, expense or penalties 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 dateLender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Sections 2.18 and 2.19, as the case may be. This Section 2.25 2.23 shall have no applicability to any Section of this Agreement other than Sections 2.18 and 2.19, 2.20 or 2.22.

Appears in 2 contracts

Samples: Amendment Agreement (National Mentor Holdings, Inc.), Credit Agreement (National Mentor Holdings, Inc.)

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Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 2.19, 2.20 or 2.22 2.18 and 2.19(a) of this Agreement, unless the Administrative Agent or a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 90 180 days after the later of (x) the date the Lender incurs the respective increased costs, Non-Excluded Taxes, Other 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, Non-Excluded Taxes, Other Taxes, loss, expense or liability, liability reductions in amounts received or receivable or reduction in return on capital, then such Lender shall not only be entitled to be compensated for interest and penalties such amount by the Borrower pursuant to Sections 2.19, 2.20, or 2.222.18 and 2.19(a), as the case may be, to the extent such interest the costs, Non-Excluded Taxes, Other Taxes, loss, expense or penalties 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 dateLender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Sections 2.18 and 2.19(a), as the case may be. This Section 2.25 2.23 shall have no applicability to any Section of this Agreement other than Sections 2.19, 2.20 or 2.222.18 and 2.19(a).

Appears in 2 contracts

Samples: Credit Agreement (Rem Consulting of Ohio, Inc.), Credit Agreement (Rem Arrowhead, Inc.)

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