Staleness. If an employee received a written reprimand about the employee’s conduct, should the employee not receive a similar written statement or greater degree of discipline within one (1) year, said item shall be considered stale. Should employee receive a disciplinary pay reduction or suspension and the employee not engage in similar conduct within two (2) years from the date of receipt of the economic sanction, then the economic sanction shall be deemed to be stale.
Staleness. The Administrative Agent and the Lenders may not, and each agrees not to, take any of the actions set forth in Sections 9.02(a) or (b) on any date in respect of a Default or Event of Default (or an alleged Default or Event of Default) if such Default or Event of Default (or alleged Default or Event of Default) relates to actions taken, actions that have not been taken, or other circumstances, in each case, that first arose more than two years prior to such date; provided that (A) that any such actions or circumstances have been disclosed to the Administrative Agent and the Lenders in reasonable detail and (B) any such Default or Event of Default (or alleged Default or Event of Default) shall be deemed cured for all purposes under the Loan Documents as of such date.
