Limitation on Certain Payment Obligations. (a) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 no later than ninety (90) days after the earlier of (i) the date on which the Lender makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the Lender for payment of such Taxes. (b) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 and 4.12 no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs. (c) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 no later than ninety (90) days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections. (d) In the event that the Lender fails to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 4 contracts
Samples: Term Loan Agreement, Revolving and Term Loan Agreement, Term Loan Agreement (Brown & Brown Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.10 4.09 and 4.13 4.17 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agents fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agents fail to give Borrower Interface notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 3 contracts
Samples: Credit Agreement (Interface Inc), Credit Agreement (Interface Inc), Credit Agreement (Interface Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Administrative Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Administrative Agent for payment of such Taxes.
(b) The Each Lender or Administrative Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 3.12 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Administrative Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 3.10 no later than ninety (90) 90 days after the such Lender or Lender Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Administrative Agent fail to give Borrower Intermet notice within the time limitations prescribed in (a) or (b) above, Borrower Intermet shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender fail or Administrative Agent fails to give Borrower Intermet notice within the time limitation prescribed in (c) above, Borrower Intermet shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 3 contracts
Samples: Credit Agreement (Intermet Corp), Credit Agreement (Intermet Corp), Term Loan Agreement (Intermet Corp)
Limitation on Certain Payment Obligations. (a1) The Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which such Lender or the Lender Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Lender Administrative Agent for payment of such Taxes.
(b2) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 3.12 and 4.12 3.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c3) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 3.10 and 4.13 3.16 no later than ninety (90) 90 days after the such Lender or Lender the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d4) In the event that the Lender fails Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 3 contracts
Samples: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (a) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 no later than ninety (90) days after the earlier of (i) the date on which the Lender makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the Lender for payment of such Taxes.
(b) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety (90) days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Brown & Brown Inc), Revolving and Term Loan Agreement (Brown & Brown Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Administrative Agent for payment of such Taxes.
(b) The Each Lender or Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 3.12 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 3.10 no later than ninety (90) 90 days after the such Lender or Lender Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Administrative Agent fail to give the Borrower notice within the time limitations prescribed in (a) or (b) above, the Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender fail or Administrative Agent fails to give the Borrower notice within the time limitation prescribed in (c) above, the Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Samples: Credit Agreement (Ironton Iron Inc), Credit Agreement (Intermet Corp)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.10 4.09 and 4.13 4.17 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agents fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, neither Interface nor any other Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agents fail to give Borrower Interface notice within the time limitation prescribed in (c) above, neither Interface nor any other Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Samples: Credit Agreement (Interface Inc), Credit Agreement (Interface Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Sections 4.11 3.12 and 4.12 3.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Intermet for indemnification or compensation pursuant to Sections 4.10 and 4.13 3.09 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower Intermet notice within the time limitations prescribed in (a) or (b) above, Borrower Intermet shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender fail or Agent fails to give Borrower Intermet notice within the time limitation prescribed in (c) above, Borrower Intermet shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Samples: Credit Agreement (I M Acquisition Corp), Credit Agreement (Intermet Corp)
Limitation on Certain Payment Obligations. (a) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the Lender makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the Lender for payment of such Taxes.
(b) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 3.12 and 4.12 3.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 3.10 and 4.13 3.14 no later than ninety (90) 90 days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender fail fails to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Samples: Bridge Revolving Credit Agreement (Hughes Supply Inc), Real Estate Term Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 2.21 no later than ninety (90) 90 days after the earlier of (i) the date on which such Lender or the Lender Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Lender Administrative Agent for payment of such Taxes.
(b) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 2.20 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 2.19 no later than ninety (90) 90 days after the such Lender or Lender the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rulerole, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sectionsSections.
(d) In the event that the Lender fails Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (a) The Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 2.21 no later than ninety (90) 90 days after the earlier of (i) the date on which such Lender or the Lender Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Lender Administrative Agent for payment of such Taxes.
(b) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 2.20 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 2.19 no later than ninety (90) 90 days after the such Lender or Lender the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rulerole, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (a) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 no later than ninety (90) days after the earlier of (i) the date on which the Lender makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the Lender for payment of such Taxes.
(b) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety (90) days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 4.7 5.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.11 5.12 and 4.12 5.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.10 5.09 and 4.13 5.17 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agents fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, neither Interface nor any other Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agents fail to give Borrower Interface notice within the time limitation prescribed in (c) above, neither Interface nor any other Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 2.09 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender for payment of such Taxes.
(b) The Each Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 2.14 and 4.12 2.15 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 2.12 and 4.13 2.18 no later than ninety (90) 90 days after the Lender or such Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnificationindemni fication. In the event that the Lender fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Borrowers for indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) days one year after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Borrowers for indemnification or compensation pursuant to Sections 4.11 4.10 and 4.12 no later than ninety (90) days one year after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Borrowers for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 4.16 no later than ninety (90) days one year after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower Borrowers notice within the time limitations prescribed in (a) or (b) above, Borrower Borrowers shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender fail or Agent fails to give Borrower Borrowers notice within the time limitation prescribed in (c) above, Borrower Borrowers shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day date which is one year preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Dyersburg Corp)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) 90 days after the earlier of (i) the date on which such Lender or the Lender Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Lender Agent for payment of such Taxes.
(b) The Each Lender or the Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or the Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety (90) 90 days after the such Lender or Lender the Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or the Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Xxxxxx for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and or (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Xxxxxx for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 3.12 no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Xxxxxx for indemnification or compensation pursuant to Sections 4.10 Section 3.10 and 4.13 Section 3.16 no later than ninety three hundred sixty-five (90365) days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower Xxxxxx notice within the time limitations prescribed in (aSection 3.18(a) or (b) aboveSection 3.18(b), Borrower Xxxxxx shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agent fail to give Borrower Xxxxxx notice within the time limitation prescribed in (c) aboveSection 3.18(c), Borrower Xxxxxx shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth (90th) day preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Nelson Thomas Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 hereof no later than ninety (90) days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 hereof no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety (90) days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower notice within the time limitations prescribed in paragraphs (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agent fail to give Borrower notice within the time limitation prescribed in paragraph (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower for Nelsxx xxx indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and or (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower for Nelsxx xxx indemnification or compensation pursuant to Sections 4.11 and Section 4.12 no later than ninety (90) days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower for Nelsxx xxx indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety three hundred sixty-five (90365) days after the Lender or Lender receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sectionsSections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower notice Nelsxx xxxice within the time limitations prescribed in Section 4.18 (a) or (b) above), Borrower shall Nelsxx xxxll not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agent fail to give Borrower notice Nelsxx xxxice within the time limitation prescribed in (c) aboveSection 4.18(c), Borrower shall Nelsxx xxxll not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth (90th) day preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Nelson Thomas Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 4.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 4.12 and 4.12 4.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 4.16 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnificationindemni fication. In the event that the Lender or Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 180 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.11 3.10 and 4.12 3.12 no later than ninety (90) 180 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 4.10 and 4.13 Section 3.16 no later than ninety (90) 180 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender fail or Agent fails to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day date which is 180 days preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Krystal Company)
Limitation on Certain Payment Obligations. (a) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 4.7 Sec- tion 4.07 no later than ninety (90) 90 days after the earlier of (i) the date on which the such Lender or Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon the such Lender or Agent for payment of such Taxes.
(b) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.11 Sec- tions 4.12 and 4.12 4.13 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.10 Sec- tions 4.09 and 4.13 4.17 no later than ninety (90) 90 days after the such Lender or Lender Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
. - 87 - (d) In the event that the Lender fails Lenders or Agents fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, neither Interface nor any other Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or Agents fail to give Borrower Interface notice within the time limitation prescribed in (c) above, neither Interface nor any other Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Limitation on Certain Payment Obligations. (a) The Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 4.7 3.07 no later than ninety (90) 90 days after the earlier of (i) the date on which such Lender or the Lender Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Lender Administrative Agent for payment of such Taxes.
(b) The Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.11 and 4.12 Section 3.12 no later than ninety (90) 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(c) The Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 4.10 3.09 and 4.13 3.16 no later than ninety (90) 90 days after the such Lender or Lender the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(d) In the event that the Lender fails Lenders or the Administrative Agent fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, Borrower Interface shall not have any no obligation to pay such claim for compensation or indemnification. In the event that the Lender fail or the Administrative Agent fails to give Borrower Interface notice within the time limitation prescribed in (c) above, Borrower Interface shall not have any no obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Samples: Term Loan Agreement (Interface Inc)