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

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10 and 2.06 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under the respective such Section within 180 days after the later of (x) the date the Lender incurs the respective increased costs, 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, 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 or 2.06, as the case may be, to the extent the costs, 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 Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10 or 2.06, as the case may be. Furthermore, no Lender shall be entitled to compensation for any increased costs or reduction in amounts received or receivable or reduction in return on capital under Section 1.10 or 2.06 unless at the time it is the policy or general practice of such Lender to request compensation for comparable costs or reductions, if any, in similar circumstances, if any, under comparable provisions of other credit agreements for comparable customers (unless specific facts or circumstances applicable to the Borrower or the transactions contemplated by this Agreement would alter the application of such policy or general practice). This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10 and 2.06.

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10 and 2.06 of this Agreement, unless a Lender gives notice to the Borrower that it is obligated to pay an amount to such Lender any amounts due under the respective such Section Sections 2.2(f), 3.7, 3.8 or 3.9 within 180 90 days after the later of (x) the date the Lender incurs the respective increased costs, taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, reductions in amounts to be 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 such Section 1.10 or 2.06, as the case may be, to the extent the costs, taxes, loss, expense or liability, reduction in amounts received or receivable to be received or reduction in return on capital are incurred or suffered on or after the date which occurs 180 90 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10 such Section. Each Lender, in determining additional amounts owing under Sections 2.2(f), 3.7, 3.8 or 2.063.9, as will act reasonably and in good faith and to the case may be. Furthermore, no Lender shall be entitled to compensation for any extent the increased costs or reduction reductions in amounts received or receivable or reduction in return on capital under Section 1.10 relate to such Lender's loans or 2.06 unless at commitments in general and not specifically attributable to the time it is Advances or commitments hereunder, will use reasonable averaging and attribution methods which cover all advances similar to the policy Advances made, issued or general practice of participated in by such Lender whether or not the documentation for such other advances permit such Lender to request compensation for comparable costs or reductions, if any, receive amounts of the type described in similar circumstances, if any, under comparable provisions of other credit agreements for comparable customers (unless specific facts or circumstances applicable to the Borrower or the transactions contemplated by this Agreement would alter the application of such policy or general practice). This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10 and 2.06Sections.

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10 and 2.06 2.10, 2.11 or 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 it is they are obligated to pay an amount under the respective 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 1.10 2.10, 2.11 or 2.065.04, 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 Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10 2.10, 2.11 or 2.065.04, as the case may be. Furthermore, no Lender shall be entitled to compensation for any increased costs or reduction in amounts received or receivable or reduction in return on capital under Section 1.10 or 2.06 unless at the time it is the policy or general practice of such Lender to request compensation for comparable costs or reductions, if any, in similar circumstances, if any, under comparable provisions of other credit agreements for comparable customers (unless specific facts or circumstances applicable to the Borrower or the transactions contemplated by this Agreement would alter the application of such policy or general practice). This Section 13.15 12.16 shall have no applicability to any Section of this Agreement other than said Sections 1.10 2.10, 2.11 and 2.065.04.

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10 and 2.06 2.10, 2.11 or 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 Lender Bank gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under the respective 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 1.10 2.10, 2.11 or 2.064.03, 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 180 days six months prior to such Lender giving Bank's notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.10 2.10, 2.11 or 2.064.03, as the case may be. Furthermore, no Lender shall be entitled to compensation for any increased costs or reduction in amounts received or receivable or reduction in return on capital under Section 1.10 or 2.06 unless at the time it is the policy or general practice of such Lender to request compensation for comparable costs or reductions, if any, in similar circumstances, if any, under comparable provisions of other credit agreements for comparable customers (unless specific facts or circumstances applicable to the Borrower or the transactions contemplated by this Agreement would alter the application of such policy or general practice). This Section 13.15 11.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10 2.10, 2.11 and 2.064.03.

Limitation on Additional Amounts, etc. Notwithstanding anything to the contrary contained in Sections 1.10 and 2.06 of this Agreement, unless a Lender Bank gives notice to the Borrower that it is obligated to pay an amount under the respective such Section within 180 days after the later of (x) the date the Lender Bank incurs the respective increased costs, 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, reductions in amounts received or receivable or reduction in return on capital, then such Lender Bank shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10 or 2.06, as the case may be, to the extent the costs, 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 Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10 or 2.06, as the case may be. Furthermore, no Lender Bank shall be entitled to compensation for any increased costs or reduction in amounts received or receivable or reduction in return on capital under Section 1.10 or 2.06 unless at the time it is the policy or general practice of such Lender Bank to request compensation for comparable costs or reductions, if any, in similar circumstances, if any, under comparable provisions of other credit agreements for comparable customers (unless specific facts or circumstances applicable to the Borrower or the transactions contemplated by this Agreement would alter the application of such policy or general practice). This Section 13.15 shall have no applicability to any Section of this Agreement other than said Sections 1.10 and 2.06.