Common use of Notification and Determination of Additional Costs Clause in Contracts

Notification and Determination of Additional Costs. Each of the Administrative Agent and each Lender, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent or such Lender to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent or any Lender to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent and each Lender, as the case may be, agrees to furnish to the Borrower (and in the case of a Lender to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent or such Lender, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest error. The Borrower shall pay the Administrative Agent and or any such Lender, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.

Notification and Determination of Additional Costs. Each of the Administrative Agent and each Lender and each Participant (through its participating Lender), as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent or such Lender or such Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent or any Lender or any Participant (through its participating Lender) to give such notice shall not release the Borrower from any of its their obligations hereunder (and in hereunder. Notwithstanding the case of a Lenderforegoing, the Borrower shall not be required to compensate the Administrative Agent); provided, further, that notwithstanding any Lender or any Participant pursuant to the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation Section for any such amount relating to any period ending increased costs incurred or reductions suffered more than six months prior to the date that the Administrative Agent or such Lender or such Participant (through its participating Lender, as applicable, first ) notifies the Borrower in writing thereof of the Regulatory Change giving rise to such increases costs or for any amounts resulting from a change by any Lender reductions and of its Lending Office the Administrative Agent’s or such Lender’s or such Participant’s intention to claim compensation therefor (other than changes required by Applicable Lawexcept that, if the Regulatory Change giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof). The Administrative Agent and each or such Lender or such Participant (through its participating Lender, as the case may be, ) agrees to furnish to the Borrower (and in the case of a Lender or a Participant, to the Administrative Agent as wellAgent) a certificate setting forth in reasonable detail the basis and amount of each request by the Administrative Agent or such Lender for compensation under this Section. Determinations Absent manifest error, determinations by the Administrative Agent or such Lender, as the case may be, any Lender or any Participant of the effect of any Regulatory Change shall be conclusive conclusive, provided that such determinations are made on a reasonable basis and binding for all purposes, absent manifest error. The Borrower shall pay the Administrative Agent and or any such Lender, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereofin good faith.

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, Issuing Bank, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, the Issuing Bank, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, the Issuing Bank, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, the Issuing Bank, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of the Issuing Bank, a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, the Issuing Bank, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest errorerror and provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 4.1., the Borrower shall pay the Administrative Agent and not be required to compensate any Lender or any Participant for any such increased costs or reduced return incurred by such Lender or Participant more than one-hundred-eighty (180) days prior to such Lender’s or Participant’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one-hundred-eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, each Issuing Bank, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, such Issuing Bank, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, each Issuing Bank, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of an Issuing Bank, a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, such Issuing Bank, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest error, provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 4.1., the Borrower shall pay the Administrative Agent and or not be required to compensate any Lender for any such increased costs or reduced return incurred by such Lender more than one-hundred-eighty (180) days prior to such Lender’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one-hundred-eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of a Lender to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest errorerror and provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 4.1., the Borrower shall pay the Administrative Agent and not be required to compensate any Lender or any Participant for any such increased costs or reduced return incurred by such Lender or Participant more than one-hundred-eighty (180) days prior to such Lender’s or Participant’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one-hundred-eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, Issuing Bank, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, the Issuing Bank, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, the Issuing Bank, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, the Issuing Bank, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of the Issuing Bank, a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, the Issuing Bank, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest error, provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 4.1., the Borrower shall pay the Administrative Agent and or not be required to compensate any Lender for any such increased costs or reduced return incurred by such Lender more than one-hundred-eighty (180) days prior to such Lender’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one-hundred-eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a LenderXxxxxx, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of a Lender to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest errorerror and provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 4.1., the Borrower shall pay the Administrative Agent and not be required to compensate any Lender or any Participant for any such increased costs or reduced return incurred by such Lender or Participant more than one-hundred-eighty (180) days prior to such Lender’s or Participant’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one-hundred-eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, each Issuing Bank, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent Agent, such Issuing Bank, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent Agent, each Issuing Bank, each Lender and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of an Issuing Bank, a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, such Issuing Bank, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest errorerror and provided that such determinations are made on a reasonable basis and in good faith. The Notwithstanding anything to the contrary contained in the preceding subsections of this Section 5.1., the Borrower shall pay the Administrative Agent and not be required to compensate any Lender or any Participant for any such increased costs or reduced return incurred by such Lender or Participant more than one hundred eighty (180) days prior to such Lender’s or Participant’s written request to the Borrower for such compensation (except that if the event giving rise to the increased costs or reduced return is retroactive, as then the case may be, one hundred eighty (180) day period referred to above shall be extended to include the amount shown as due on any such certificate within 10 days after receipt period of retroactive effect thereof).

Notification and Determination of Additional Costs. Each of the Administrative Agent Agent, each Lender, and each LenderParticipant, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Effective Date entitling the Administrative Agent Agent, such Lender or such Lender Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent Agent, any Lender or any Lender Participant to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the hereunder. Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any each Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent and each LenderParticipant, as the case may be, agrees to furnish to the Borrower (and in the case of a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent Agent, such Lender, or such LenderParticipant, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest error. The Notwithstanding anything contained in the Agreement to the contrary, Borrower shall pay not be required to compensate a Lender for any increased costs or reductions incurred more than 180 days prior to the Administrative Agent date that such Lender notifies the Borrower of the change in law giving rise to such increased costs or reductions and or any of such Lender’s intention to claim compensation therefor; provided, as however, that, if the case may bechange in law giving rise to such increased costs or reductions is retroactive, then the amount shown as due on any such certificate within 10 days after receipt 180-day period referred to above shall be extended to include the period of retroactive effect thereof.