Common use of Xxxxx in Requests Clause in Contracts

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six months prior to the date that such Lender notifies the Borrowers of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law 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).

Appears in 2 contracts

Samples: Credit Agreement (FX Real Estate & Entertainment Inc.), Credit Agreement (FX Real Estate & Entertainment Inc.)

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Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 subsection shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Company shall not be required to compensate a Lender pursuant to this Section 2 subsection for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender Lender, as the case may be, notifies the Borrowers Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 2 contracts

Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six nine (9) months prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's intention to claim compensation therefor (except that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Term Loan Credit Agreement (South Jersey Industries Inc)

Xxxxx in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to the foregoing provisions of this Section 2 shall not constitute a waiver of such the Lender’s right to demand such compensation; , provided that the Borrowers Loan Parties shall not be required to compensate a the Lender pursuant to the foregoing provisions of this Section 2 for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender notifies the Borrowers Loan Parties of the Change in Law giving rise to such increased costs or reductions and of such the Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit and Security Agreement (Mfri Inc)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 subsection shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrowers Company shall not be required to compensate a Lender pursuant to this Section 2 subsection for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender Lender, as the case may be, notifies the Borrowers Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 2.12 for any increased costs incurred or reductions suffered more than six months prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law 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).

Appears in 1 contract

Samples: Second Lien Credit Agreement (CPI International Holding Corp.)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six months prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law 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).

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrowers Company shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender notifies the Borrowers Company of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Assignment Agreement (Transportation Technologies Industries Inc)

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Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Entergy New Orleans, LLC)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender Lender, as the case may be, notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Entergy Arkansas Inc)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 subsection shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Holdings shall not be required to compensate a Lender pursuant to this Section 2 subsection for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender Lender, as the case may be, notifies the Borrowers Holdings of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six months 180 days prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions reductions, and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Oceaneering International Inc)

Xxxxx in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender pursuant to this Section 2 for any increased costs incurred or reductions suffered more than six nine months prior to the date that such Lender notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: 364 Day Credit Agreement (Taylor Morrison Home Corp)

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