Common use of Notice; Participating Lenders’ Rights Clause in Contracts

Notice; Participating Lenders’ Rights. Each Lender shall notify the Borrower of any event occurring after the date of this Agreement that will entitle such Lender to compensation pursuant to this Section 2.9 promptly, and in no event later than 180 days after the principal officer of such Lender responsible for administering this Agreement obtains knowledge thereof; provided that any Lender’s failure to notify the Borrower within such 180 day period shall not relieve the Borrower of its obligation under this Section 2.9 with respect to claims arising prior to the end of such period, but shall relieve the Borrower of its obligations under this Section 2.9 with respect to the time between the end of such period and such time as the Borrower receives notice from the indemnitee as provided herein; and provided, further, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180 day period referred to above shall be extended to include the period of retroactive effect thereof. No Person purchasing from a Lender a participation in any Commitment (as opposed to an assignment) shall be entitled to any payment from or on behalf of the Borrower pursuant to Section 2.9.3 or Section 2.9.4 which would be in excess of the applicable proportionate amount (based on the portion of the Commitment in which such Person is participating) which would then be payable to such Lender if such Lender had not sold a participation in that portion of the Commitment.

Notice; Participating Lenders’ Rights. Each Failure or delay of a Lender to demand compensation pursuant to Section 2.6 shall notify not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower of any event occurring after the date of this Agreement that will entitle such shall not be required to compensate a Lender to compensation pursuant to this Section 2.9 promptly, and in no event later 2.6 for any increased costs incurred or reductions suffered more than 180 days after prior to the principal officer of date that such Lender responsible for administering this Agreement obtains knowledge thereof; provided that any Lender’s failure to notify the Borrower within such 180 day period shall not relieve notifies the Borrower of its obligation under this Section 2.9 with respect such Lender’s intention to claims arising prior to the end of such period, but shall relieve the Borrower of its obligations under this Section 2.9 with respect to the time between the end of such period and such time as the Borrower receives notice from the indemnitee as claim compensation; provided herein; and provided, further, further that if the Change in of Law giving rise to such increased costs or reductions is retroactive, then the 180 day period referred to above shall be extended to include the period of retroactive effect thereof. No Person purchasing from a Lender a participation in any Commitment (as opposed to an assignment) shall be entitled to any payment from or on behalf of the Borrower pursuant to Section 2.9.3 2.6.3 or Section 2.9.4 2.6.4 which would be in excess of the applicable proportionate amount (based on the portion of the Commitment in which such Person is participating) which would then be payable to such Lender if such Lender had not sold a participation in that portion of the Commitment.

Notice; Participating Lenders’ Rights. Each Lender shall notify the Borrower of any event occurring after the date of this Agreement that will entitle such Lender to compensation pursuant to this Section 2.9 2.8, promptly, and in no event later than 180 days after the principal officer of such Lender responsible for administering this Agreement obtains knowledge thereof; provided that any Lender’s failure to notify the Borrower within such 180 day period shall not relieve the Borrower of its obligation under this Section 2.9 2.8 with respect to claims arising prior to the end of such period, but shall relieve the Borrower of its obligations under this Section 2.9 2.8 with respect to the time between the end of such period and such time as the Borrower receives notice from the indemnitee as provided herein; and provided, further, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180 day period referred to above shall be extended to include the period of retroactive effect thereof. No Person purchasing from a Lender a participation in any Commitment (as opposed to an assignment) shall be entitled to any payment from or on behalf of the Borrower pursuant to Section 2.9.3 2.8.3 or Section 2.9.4 2.8.4 which would be in excess of the applicable proportionate amount (based on the portion of the Commitment in which such Person is participating) which would then be payable to such Lender if such Lender had not sold a participation in that portion of the Commitment.

Notice; Participating Lenders’ Rights. Each Lender shall notify the Borrower Co-Borrowers of any event occurring after the date of this Agreement Closing Date that will entitle such Lender to compensation pursuant to this Section 2.9 2.8, promptly, and in no event later than 180 days after the principal officer of such Lender responsible for administering this Agreement obtains knowledge thereof; provided that any Lender’s failure to notify the Borrower Co-Borrowers within such 180 day period shall not relieve the any Co-Borrower of its obligation under this Section 2.9 2.8 with respect to claims arising prior to the end of such period, but shall relieve the such Co-Borrower of its obligations under this Section 2.9 2.8 with respect to the time between the end of such period and such time as the such Co-Borrower receives notice from the indemnitee as provided herein; and provided, further, that if the Change in of Law giving rise to such increased costs or reductions is retroactive, then the 180 day period referred to above shall be extended to include the period of retroactive effect thereof. No Person purchasing from a Lender a participation in any Commitment (as opposed to an assignment) shall be entitled to any payment from or on behalf of the Borrower Co-Borrowers pursuant to Section 2.9.3 2.8.3 or Section 2.9.4 2.8.4 which would be in excess of the applicable proportionate amount (based on the portion of the Commitment in which such Person is participating) which would then be payable to such Lender if such Lender had not sold a participation in that portion of the Commitment.