Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 1.11 or 2.06, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 270 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 or 2.06, 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 270 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, 1.11 or 2.06. This Section 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11 or 2.06.
Appears in 2 contracts
Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 1.11 1.11, 2.06 or 2.06, 4.04 unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 270 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 1.11, 2.06 or 2.064.04, 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 270 days six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11 1.11, 2.06 or 2.064.04. This Section 13.17 13.23 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11 1.11, 2.06 or 2.064.04.
Appears in 2 contracts
Samples: Credit Agreement (Exide Technologies), Credit Agreement (Exide Technologies)
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 1.11 2.06 or 2.064.04, unless a Lender gives notice to the Borrower that it the Borrower is obligated to pay an any amount under any such Section 1.10, 2.06 or 4.04 within 270 180 days after the later of (x) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in the amounts received or receivable hereunder or reduction in return on of capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions reduction in the amounts received or receivable hereunder or reduction in return on of capital, then such Lender shall only be entitled to be compensated for any such amount by the Borrower pursuant to said Section 1.10, 1.11 2.06 or 2.064.04, as the case may be, to the extent the costs, Taxes, loss, expense or liability, reduction in that any such amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs 270 180 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, 1.11 2.06 or 2.064.04, 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 13.17 14.17 shall have no applicability not be applicable to any Section of this Agreement other than said Sections 1.10, 1.11 or 2.062.06 and 4.04.
Appears in 1 contract
Samples: Credit Agreement (Nash Finch Co)
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.101.11, 1.11 1.12, 2.05 or 2.06, 4.04 unless a Lender gives notice to the Borrower Borrowers that it is they are obligated to pay an amount under any such Section within 270 180 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 Borrowers pursuant to said Section 1.101.11, 1.11 1.12, 2.05 or 2.064.04, 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 270 180 days prior to such Lender giving notice to the Borrower Borrowers that it is obligated to pay the respective amounts pursuant to said Section 1.101.11, 1.11 1.12, 2.05 or 2.064.04. This Section 13.17 13.21 shall have no applicability to any Section of this Agreement other than said Sections 1.10Section 1.11, 1.11 1.12, 2.05 or 2.064.04.
Appears in 1 contract
Samples: Credit Agreement (Owens Corning)
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 1.11 or 2.06, unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within 270 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 or 2.06, 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 270 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, 1.11 or 2.06. This Section 13.17 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11 or 1.11or 2.06.
Appears in 1 contract
Limitation on Additional Amounts. Notwithstanding anything to the -------------------------------- contrary contained in Section 1.10, 1.11 1.11, 2.06 or 2.064.04, unless a Lender gives notice to the Borrower that it the Borrower is obligated to pay an any amount under any such Section 1.10, 1.11, 2.06 or 4.04 within 270 180 days after the later of (x) the date the such Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in the amounts received or receivable or hereunder, reduction in return on of capital or Taxes or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions reduction in the amounts received or receivable or hereunder, reduction in return on capitalof capital or Taxes, then such Lender shall only be entitled to be compensated for any such amount by the Borrower pursuant to said Section 1.10, 1.11 1.11, 2.06 or 2.06, as the case may be, 4.04 to the extent the costs, Taxes, loss, expense or liability, reduction in that any such amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs 270 180 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, 1.11 1.11, 2.06 or 2.06. This Section 13.17 shall 4.04; provided, however, that if the circumstances -------- ------- giving rise to such claims have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11 or 2.06.a retro-
Appears in 1 contract
Samples: Credit Agreement (Nm Licensing LLC)