Common use of Matters Applicable to All Requests for Compensation Clause in Contracts

Matters Applicable to All Requests for Compensation. The Administrative Agent or any Lender claiming compensation under this Article III shall deliver a certificate to Borrower setting forth the additional amount or amounts to be paid to it hereunder, which shall be conclusive absent manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, may use any reasonable averaging and attribution methods. With respect to any Lender’s claim for compensation under Section 3.01, Section 3.02 or Section 3.03, Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies Borrower of the event that gives rise to such claim; provided that if the circumstance giving rise to such claim is retroactive, then such 180-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 14 contracts

Samples: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

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Matters Applicable to All Requests for Compensation. The Administrative Agent or any Lender claiming compensation under this Article III shall deliver a certificate to the Borrower setting forth the additional amount or amounts to be paid to it hereunder, which shall be conclusive absent manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, may use any reasonable averaging and attribution methods. With respect to any Lender’s claim for compensation under Section 3.01, Section 3.02 or Section 3.03, the Borrower shall not be required to compensate such Lender for any amount incurred more than one two hundred and eighty seventy (180270) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that if the circumstance giving rise to such claim is retroactive, then such 180-day 270‑day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Williams Industrial Services Group Inc.), Senior Secured Credit Agreement (Global Power Equipment Group Inc.), Senior Secured Credit Agreement (Global Power Equipment Group Inc.)

Matters Applicable to All Requests for Compensation. (a) The Administrative Agent or any Lender claiming compensation under this Article III shall deliver a certificate to the applicable Borrower setting forth the additional amount or amounts to be paid to it hereunder, hereunder which shall be conclusive absent in the absence of manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. . (b) With respect to any Lender’s claim for compensation under Section 3.013.01 or 3.04, Section 3.02 or Section 3.03, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that that, if the circumstance giving rise to such claim is retroactive, then such 180-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 3 contracts

Samples: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)

Matters Applicable to All Requests for Compensation. The Administrative Agent or any Lender claiming compensation under this Article III shall deliver a certificate to Borrower setting forth in reasonable detail the additional amount or amounts to be paid to it hereunder, which shall be conclusive absent manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, may use any reasonable averaging and attribution methods. With respect to any Lender’s claim for compensation under Section 3.01, Section 3.02 or Section 3.03, Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty ninety (18090) days prior to the date that such Lender notifies Borrower of the event that gives rise to such claim; provided that if the circumstance giving rise to such claim is retroactive, then such 18090-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (NXT-Id, Inc.), Senior Secured Credit Agreement (NXT-Id, Inc.)

Matters Applicable to All Requests for Compensation. (a) The Administrative Agent or any Lender claiming compensation under this Article III Section 5.01 and Section 5.03 shall deliver a certificate to the Borrower setting forth the additional amount or amounts to be paid to it hereunder, hereunder which shall be conclusive absent in the absence of manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. . (b) With respect to any Lender’s claim for compensation under Section 3.01, Section 3.02 5.01 or Section 3.035.03, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that that, if the circumstance giving rise to such claim is retroactive, then such 180-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 1 contract

Samples: Credit Agreement (Forest Oil Corp)

Matters Applicable to All Requests for Compensation. The (a) A certificate of the Administrative Agent or any Lender claiming compensation under this Article III shall deliver a certificate to Borrower and setting forth the additional amount or amounts to be paid to it hereunder, which hereunder shall be conclusive absent in the absence of manifest error. In determining such amount, the Administrative Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. . (b) With respect to any Lender’s claim for compensation under Section 3.013.02, Section 3.02 3.03 or Section 3.033.04, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that provided, that, if the circumstance giving rise to such claim is retroactive, then such 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 1 contract

Samples: Escrow Credit Agreement (CommScope Holding Company, Inc.)

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Matters Applicable to All Requests for Compensation. The Administrative Any Agent or any Lender claiming compensation under this Article III shall deliver a certificate to the Borrower setting forth the additional amount or amounts to be paid to it hereunder, hereunder which shall be conclusive absent manifest in the absence of demonstrable error. In determining such amount, the Administrative such Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. With respect to any Lender’s claim for compensation under Section 3.013.02, Section 3.02 or Section 3.03, Section 3.04 or Section 3.07, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that that, if the circumstance giving rise to such claim is retroactive, then such 180-day period referred to above shall be extended to include the period of retroactive effect thereof.#96808608v5

Appears in 1 contract

Samples: Libor Hardwire Transition Amendment (Frontier Communications Parent, Inc.)

Matters Applicable to All Requests for Compensation. The Administrative (a) Any Agent or any Lender claiming compensation under this Article III 3 shall deliver a certificate to the Borrower setting forth in reasonable detail the additional amount or amounts to be paid to it hereunder, which shall be conclusive absent in the absence of manifest error. In determining such amount, the Administrative such Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. . (b) With respect to any Lender’s claim for compensation under Section 3.01, Section 3.02 3.01 or Section 3.033.04, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that that, if the circumstance giving rise to such claim increased cost or reduction is retroactive, then such 180-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 1 contract

Samples: Credit Agreement (Quintiles Transnational Holdings Inc.)

Matters Applicable to All Requests for Compensation. The Administrative (a) Any Agent or any Lender claiming compensation under this Article III shall deliver a certificate to the Borrower setting forth the additional amount or amounts to be paid to it hereunder, hereunder which shall be conclusive absent in the absence of manifest error. In determining such amount, the Administrative such Agent or such Lender, as the case may be, Lender may use any reasonable averaging and attribution methods. . (b) With respect to any Lender’s 's claim for compensation under Section 3.013.01,3.02,3.03 or 3.04, Section 3.02 or Section 3.03, the Borrower shall not be required to compensate such Lender for any amount incurred more than one hundred and eighty (180) days prior to the date that such Lender notifies the Borrower of the event that gives rise to such claim; provided that that, if the circumstance giving rise to such claim is retroactive, then such 180I80-day period referred to above shall be extended to include the period of retroactive effect thereof.

Appears in 1 contract

Samples: Advance Facility Agreement

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