Common use of Xxxxx in Requests Clause in Contracts

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

Appears in 3 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp)

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

Appears in 2 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Virtus Investment Partners, Inc.)

Xxxxx in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than nine six months prior to the date that such Lender or such the Issuing Bank, as the case may be, notifies the Borrowers Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or such the Issuing Bank’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 ninesix-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (CPI International Holding Corp.)

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

Appears in 1 contract

Samples: Security Agreement (Brookfield Residential Properties Inc.)

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Xxxxx in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such LC Issuing Bank’s right to demand such compensation; provided that the Borrowers Borrower shall not be required to compensate a Lender or an LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender or such LC Issuing Bank, 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 or such LC Issuing Bank’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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Aes Corp)

Xxxxx in Requests. Failure or delay on the part of any Lender or any the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such the Issuing Bank’s right to demand such compensation; provided that the Borrowers Company shall not be required to compensate a Lender or an the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender or such the Issuing Bank, 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 or such the Issuing Bank’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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

Appears in 1 contract

Samples: Credit Agreement (Transportation Technologies Industries Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Aaon, Inc.)

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