Delay in Request. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.7 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that Borrower shall not be required to compensate a Lender or an LC Issuing Bank pursuant to this Section 2.7 for any costs or reductions incurred more than 180 days prior to the date that such Lender or LC Issuing Bank notifies Borrower of the event giving rise to such costs or reductions and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor; provided further that, if the event giving rise to such costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof.
Delay in Request. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.7 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that Borrower shall not be required to compensate a Lender pursuant to this Section 2.7 for any costs or reductions incurred more than 180 days prior to the date that such Lender notifies Borrower of the event giving rise to such costs or reductions and of such Lender’s intention to claim compensation therefor; provided further that, if the event giving rise to such costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof.
Delay in Request. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation, provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or the L/C Issuer’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).
Delay in Request. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s right to demand such compensation, provided that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender, notifies the 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Delay in Request. Failure or delay on the part of Administrative Agent or any Lender to demand compensation pursuant to Section 3.1, 3.4 or 3.5 shall not constitute a waiver of such Person’s right to demand such compensation, provided that no Borrower shall be required to compensate such Person pursuant to any such Section for North American Fund Bridge Loan Agreement any Indemnified Taxes, Other Taxes, increased cost, reduction in return, funding loss or other amount (any of the foregoing, a “Compensation Amount”) incurred or suffered more than six (6) months prior to the date that such Person notified ProLogis of the Change in Law or other event giving rise to such Compensation Amount and of such Person’s intention to claim compensation therefor (except that, if the Change in Law or other event giving rise to such Compensation Amount is retroactive, then the six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Delay in Request. Compensation under this Section 3.7 shall not be available for increased costs and reductions suffered more than 270 days prior to the date the applicable request for compensation was made; except that, if the increased cost or reduction resulted from a Change in Law that itself had retroactive effect, then such 270 day period shall be extended to include such period of retroactive effect.
