Common use of Limitation on Increased Costs Clause in Contracts

Limitation on Increased Costs. Notwithstanding anything to the contrary contained in Sections 5.4, 5.5 or 5.6, unless a Lender or the Administrative Agent gives notice to the Borrower that it is obligated to pay an amount under any such Section within ninety (90) days after the later of (a) the date such Lender or the Administrative Agent (as the case may be) actually incurs the respective increased costs, loss, expense or liability, or reduction in return on capital, and (b) the date such Lender or the Administrative Agent (as the case may be) has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, or reduction in the return on capital, then such Lender or the Administrative Agent (as the case may be) shall only be entitled to be compensated for such amount by the Borrower pursuant to said Sections 5.4, 5.5 or 5.6 (as the case may be) to the extent the costs, loss, expense or liability, or reduction in return on capital are incurred or suffered on or after the date which occurs ninety (90) days prior to such Lender or the Administrative Agent giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Sections 5.4, 5.5 or 5.6 (as the case may be).

Limitation on Increased Costs. Notwithstanding anything to the contrary contained in Sections §5.4, 5.5 or 5.6, unless a Lender or the Administrative Agent gives notice to the Borrower that it is obligated to pay an amount under any such Section within ninety (90) days after the later of (a) the date such Lender or the Administrative Agent (as the case may be) actually incurs the respective increased costs, loss, expense or liability, or reduction in return on capital, capital and (b) the date such Lender or the Administrative Agent (as the case may be) has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, or reduction in the return on capital, then such Lender or the Administrative Agent (as the case may be) shall only be entitled to be compensated for such amount by the Borrower pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be) to the extent the costs, loss, expense or liability, or reduction in return on capital are incurred or suffered on or after the date which occurs ninety (90) days prior to such Lender or the Administrative Agent giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be).

Limitation on Increased Costs. Notwithstanding anything to the contrary contained in Sections §5.4, 5.5 or 5.6, unless a Lender or the Administrative Agent gives notice to the Borrower that it is obligated to pay an amount under any such Section within ninety (90) days after the later of (a) the date such Lender or the Administrative Agent (as the case may be) actually incurs the respective increased costs, loss, expense or liability, or reduction in return on capital, capital and (b) the date such Lender or the Administrative Agent (as the case may be) has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, or reduction in the return on capital, then such Lender or the Administrative Agent (as the case may be) shall only be entitled to be compensated for such amount by the Borrower pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be) to the extent the costs, loss, expense or liability, or reduction in return on capital are incurred or suffered on or after the date which occurs ninety (90) days prior to such Lender or the Administrative Agent giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be).

Limitation on Increased Costs. Notwithstanding anything to the contrary contained in Sections 5.4, 5.5 or 5.6, unless a Lender or the Administrative Agent gives notice to the Borrower that it is obligated to pay an amount under any such Section within ninety (90) days after the later of (a) the date such Lender or the Administrative Agent (as the case may be) actually incurs the respective increased costs, loss, expense or liability, or reduction in return on capital, capital and (b) the date such Lender or the Administrative Agent (as the case may be) has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, or reduction in the return on capital, then such Lender or the Administrative Agent (as the case may be) shall only be entitled to be compensated for such amount by the Borrower pursuant to said Sections 5.4, 5.5 or 5.6 (as the case may be) to the extent the costs, loss, expense or liability, or reduction in return on capital are incurred or suffered on or after the date which occurs ninety (90) days prior to such Lender or the Administrative Agent giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Sections 5.4, 5.5 or 5.6 (as the case may be).

Limitation on Increased Costs. Notwithstanding anything to the contrary contained in Sections §5.4, 5.5 or 5.6, unless a Lender or the Administrative Agent Issuing Bank gives notice to the Borrower that it is obligated to pay an amount under any such Section within ninety (90) days after the later of (a) the date such Lender or the Administrative Agent Issuing Bank (as the case may be) actually incurs the respective increased costs, loss, expense or liability, or reduction in return on capital, capital and (b) the date such Lender or the Administrative Agent Issuing Bank (as the case may be) has actual knowledge of its incurrence of the respective increased costs, loss, expense or liability, or reduction in the return on capital, then such Lender or the Administrative Agent Issuing Bank (as the case may be) shall only be entitled to be compensated for such amount by the Borrower pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be) to the extent the costs, loss, expense or liability, or reduction in return on capital are incurred or suffered on or after the date which occurs ninety (90) days prior to such Lender or the Administrative Agent Issuing Bank giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Sections §5.4, 5.5 or 5.6 (as the case may be).