Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 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).
Appears in 57 contracts
Sources: Term Loan Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Apollo Debt Solutions BDC), Class a Revolving Loan Agreement (Wheels Up Experience Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine (9) 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).
Appears in 48 contracts
Sources: Credit Agreement (FTAI Infrastructure Inc.), Loan and Guarantee Agreement (Mesa Air Group Inc), Loan and Guarantee Agreement (Jetblue Airways Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine six 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 ninesix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 32 contracts
Sources: Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Eighth Amendment to Existing Credit Agreement (Science Applications International Corp)
Delay in Requests. Failure or delay on the part of any Lender or the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the Issuing Bank’s right to demand such compensation; provided that the Borrower no Obligor shall not be required to compensate a Lender or the Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than nine six months prior to the date that such Lender or the Issuing Bank notifies the Borrower in writing of the any such Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor reductions (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 29 contracts
Sources: Senior Secured Credit Agreement (Barings BDC, Inc.), Senior Secured Revolving Credit Agreement (Oaktree Strategic Credit Fund), Senior Secured Revolving Credit Agreement (Oaktree Specialty Lending Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to 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, reductions and of such Lender’s intention to claim compensation therefor (except thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 24 contracts
Sources: Credit Agreement (ATS Corp /ATS), Third Amending Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered incurred more than nine six months prior to the date that such Lender notifies the 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 therefor; provided further 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 18 contracts
Sources: Senior Secured Revolving Credit Agreement (Resource Capital Corp.), Credit Agreement (First American Financial Corp), Senior Secured Term Loan Credit Agreement (Corporate Capital Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the Borrower Company 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 14 contracts
Sources: Term Loan Agreement (American International Group, Inc.), 18 Month Delayed Draw Term Loan Agreement (American International Group, Inc.), Term Loan Agreement (SAFG Retirement Services, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the Borrower 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, 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 13 contracts
Sources: Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 9.3 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 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, 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).
Appears in 12 contracts
Sources: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), 364 Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender Lender, 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 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 10 contracts
Sources: Credit Agreement (Heartflow, Inc.), Credit Agreement (Heartflow, Inc.), Term Loan Agreement (Gladstone Commercial Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months 180 days 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 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 9 contracts
Sources: Credit Agreement (Ferguson Enterprises Inc. /DE/), Revolving Credit Agreement (Ferguson Enterprises Inc. /DE/), Term Loan Credit Agreement (MKS Instruments Inc)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 2.9 shall not constitute a waiver of such the Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a the Lender pursuant to this Section 2.9 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such the Lender notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, 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 nine-month nine (9)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 9 contracts
Sources: Credit Agreement (Local Bounti Corporation/De), Credit Agreement (Local Bounti Corporation/De), Credit Agreement (Local Bounti Corporation/De)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months 90 days 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 nine90-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 9 contracts
Sources: Revolving Credit Agreement (Oncor Electric Delivery Co LLC), Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to 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, reductions and of such Lender’s 's intention to claim compensation therefor (except thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 9 contracts
Sources: Credit Agreement (Organigram Holdings Inc.), Credit Agreement (Tilray, Inc.), Credit Agreement (Organigram Holdings Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 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 this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) 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 nine (9) -month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: Credit Agreement (Bgsf, Inc.), Credit Agreement (ArrowMark Financial Corp.), Credit Agreement (Bgsf, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine six months prior to the date that such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further 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 8 contracts
Sources: Credit Agreement (Verio Inc), 364 Day Credit Agreement (Harte Hanks Inc), Credit Agreement (Gatx Capital Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the Borrower Company 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the 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, 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 7 contracts
Sources: Term Loan Credit Agreement (SOUTH JERSEY GAS Co), Credit Agreement (Ugi Utilities Inc), Term Loan Credit Agreement (SOUTH JERSEY GAS Co)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Parent and the applicable Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the Borrower Parent 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Term Loan Facilities Credit Agreement, Credit Agreement (Teva Pharmaceutical Industries LTD), Loan Agreement (Teva Pharmaceutical Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that provided, the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months 180 days 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 nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Restructuring Support Agreement (2U, Inc.), Debt and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such the Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Supernova Partners Acquisition Company, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 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).
Appears in 6 contracts
Sources: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp), Credit Agreement (HighPeak Energy, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower XL Group and any Specified Account Party shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 90 days prior to the date that such Lender notifies the Borrower XL Group 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Secured Credit Agreement (Xl Group PLC), Unsecured Credit Agreement (Xl Group PLC), Secured Credit Agreement (Xl Group PLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.18 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section 2.18 for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Credit and Guaranty Agreement (Veritone, Inc.), Credit and Guaranty Agreement (Veritone, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 9.3 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to 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, 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months ninety (90) days 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 nineninety-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Term Loan Agreement (Oklahoma Gas & Electric Co), Term Loan Agreement (Enable Midstream Partners, LP), Term Loan Agreement (Enable Midstream Partners, LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article IV shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article IV for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the Borrower 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, 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 5 contracts
Sources: Revolving Credit Agreement (Stone Point Credit Corp), Revolving Credit Agreement (Stone Point Credit Corp), Revolving Credit Agreement (Stone Point Credit Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to 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, reductions and of such Lender’s intention to claim compensation therefor (except thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof). All of the Borrower’s obligations under this Section 8.01 shall survive the payment in full of the other obligations hereunder and the termination of this Agreement.
Appears in 5 contracts
Sources: Credit Agreement (Open Text Corp), Bridge Loan Agreement (Open Text Corp), Credit Agreement (Open Text Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 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, 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).
Appears in 5 contracts
Sources: Second Lien Credit Agreement (Quintana Energy Services Inc.), Second Lien Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Herbst Gaming, LLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine six 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 ninesix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Second Lien Credit and Guaranty Agreement (RadNet, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender Lender, 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 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 5 contracts
Sources: Credit Agreement (Entergy Mississippi, LLC), Revolving Credit Agreement (Power Solutions International, Inc.), Credit Agreement (Adma Biologics, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided PROVIDED that the Borrower Account Parties shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 90 days prior to the date that such Lender notifies the Borrower XL Capital of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; PROVIDED FURTHER that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Letter of Credit and Reimbursement Agreement (Xl Capital LTD), 364 Day Credit Agreement (Xl Capital LTD), Credit Agreement (Xl Capital LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months 270 days 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 nine270-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Term Loan Agreement (New York City REIT, Inc.), Loan Agreement (GTJ REIT, Inc.), Credit Agreement (New York REIT, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months 180 days 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 nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: 364 Day Credit Agreement (Midamerican Funding LLC), 364 Day Credit Agreement (Midamerican Funding LLC), 364 Day Credit Agreement (Pacificorp /Or/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 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 this Section 3.1 for any increased costs incurred or reductions suffered more than nine 9 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 nine9-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to 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).
Appears in 5 contracts
Sources: Credit Agreement (FTE Networks, Inc.), Bridge Credit Agreement (Exar Corp), Credit Agreement (FTE Networks, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 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, 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-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Term Loan Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.11 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 this Section 2.11 for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 180‑day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Term Loan Facility Credit Agreement (Central European Media Enterprises LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender Lender, as the case may be, notifies the 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, 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 5 contracts
Sources: Credit Agreement (South Jersey Industries Inc), Five Year Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (Scana Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months ninety (90) days prior to the date that such Lender notifies the 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, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month ninety (90) day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Term Loan Agreement (Hormel Foods Corp /De/), Credit Agreement, Credit Agreement (Hormel Foods Corp /De/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.01 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the applicable Borrower shall not be required to compensate a Lender pursuant to this Section 3.01 for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the applicable 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).
Appears in 4 contracts
Sources: Credit Agreement (AquaVenture Holdings LTD), Credit Agreement (AquaVenture Holdings LTD), Credit Agreement (AquaVenture Holdings LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section 2.09 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the 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, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5.7 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 this Section 5.7 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the 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 nine-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Coal Resources LP), Credit Agreement (CONSOL Coal Resources LP)
Delay in Requests. 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 , except 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, reductions and of such Lender’s intention to claim compensation therefor (except that, if therefor. 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)of the Change in Law.
Appears in 4 contracts
Sources: Loan Agreement (RGC Resources Inc), Loan Agreement (RGC Resources Inc), Term Loan Agreement (RGC Resources Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.02 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 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).
Appears in 4 contracts
Sources: Credit Agreement (Amryt Pharma PLC), Credit Agreement (Amryt Pharma PLC), Bridge Credit Agreement (Novelion Therapeutics Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.), Term Loan Agreement (Eastman Chemical Co)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 8.2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to this Section 8.2 for any increased costs incurred or reductions suffered more than nine four months prior to the date that such Lender notifies the 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 thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the ninefour-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI), Credit Agreement (Allied Nevada Gold Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the applicable Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the applicable 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 thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.12 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 this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender Lender, as the case may be, notifies the 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Refinancing Amendment Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 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 this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) 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 nine (9) -month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Century Communities, Inc.), Credit Agreement (BG Staffing, Inc.), Credit Agreement (Century Communities, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the 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 nine-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Receivables Financing Agreement (E.W. SCRIPPS Co), Receivables Financing Agreement (Xperi Inc.), Receivables Financing Agreement (Sabre Corp)
Delay in Requests. Failure or delay on the part of any Lender Bank to demand compensation pursuant to this Section shall not constitute a waiver of such LenderBank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender Bank pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender Bank notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such LenderBank’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 4 contracts
Sources: Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months one hundred eighty (180) days prior to the date that such Lender notifies the Borrower of the Change in Law or other events or conditions giving rise to such increased costs or reductions, reductions and of such Lender’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 nine-month one hundred eighty day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Term Loan Agreement (Owens Corning), 364 Day Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months one hundred eighty (180) days 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 one hundred eighty (180) day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit and Security Agreement (Martin Marietta Materials Inc), Credit and Security Agreement (Martin Marietta Materials Inc), Credit and Security Agreement (Martin Marietta Materials Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine six (6) 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, 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 4 contracts
Sources: Credit Agreement (Cirrus Logic Inc), Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 9.3 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to 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, 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower Parent shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months one hundred eighty (180) days prior to the date that such Lender the Lender, as the case may be, notifies the Borrower Parent of the Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’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 nine-month one hundred eighty day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Twin Disc Inc), Credit Agreement (Twin Disc Inc), Credit Agreement (Twin Disc Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 45 days prior to the date that such Lender Lender, notifies the Borrower Company 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine45-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: 364 Day Credit Agreement (NYSE Euronext), 364 Day Credit Agreement (NYSE Euronext), 364 Day Credit Agreement (NYSE Euronext)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , provided, that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months 180 days prior to the date that such Lender notifies the 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 nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Revolving Credit Agreement (KKR & Co. L.P.), Revolving Credit Agreement (KKR & Co. L.P.), Revolving Credit Agreement (KKR & Co. L.P.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 90 days prior to the date that such Lender notifies the Borrower Company 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender▇▇▇▇▇▇’s right to demand such compensation; compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to 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).
Appears in 3 contracts
Sources: Credit Agreement (Dollar Tree, Inc.), 364 Day Revolving Credit Agreement (Dollar Tree, Inc.), Credit Agreement (Hexcel Corp /De/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.10 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months 180 days prior to the date that such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, 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 nine-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Northstar Realty Finance Corp.), Credit Agreement (Northstar Realty Finance Corp.), Facility Agreement (Northstar Realty Finance Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine 9 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-9 month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Second Lien Credit Agreement (Sundance Energy Australia LTD), Second Lien Credit Agreement (Sundance Energy Australia LTD), Second Lien Credit Agreement (Sundance Energy Australia LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.16 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 this Section 2.16 for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the 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 thattherefor; provided, further, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (SatixFy Communications Ltd.), Successor Agent Agreement, First Amendment to Credit Agreement and Omnibus Amendment to Loan Documents (Eventbrite, Inc.), Credit Agreement (Eventbrite, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the applicable Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the applicable 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 thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.16 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 this Section 2.16 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).
Appears in 3 contracts
Sources: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.12 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 this Section for any increased costs incurred or reductions suffered more than nine months 180 days prior to the date that such Lender notifies the 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 nine-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof)) .
Appears in 3 contracts
Sources: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Second Lien Credit Agreement (Lifetime Brands, Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5.01 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 this Section 5.01 for any increased costs incurred or reductions suffered incurred 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, 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-nine month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Term Loan Credit Agreement (Sundance Energy Inc.), Term Loan Credit Agreement (Sundance Energy Inc.), Term Loan Credit Agreement (Sundance Energy Australia LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.12 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 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, 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).
Appears in 3 contracts
Sources: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Revel Entertainment Group, LLC)
Delay in Requests. 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 six (6) months prior to the date that such Lender notifies the Borrower of the Change 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 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
Sources: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the neither Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine six months prior to the date that such Lender notifies the Borrower relevant Borrower(s) of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further 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 3 contracts
Sources: 364 Day Credit Agreement (Washington Mutual Inc), Credit Agreement (Washington Mutual Inc), 364 Day Credit Agreement (Washington Mutual Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to 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 reductions and of such Lender’s intention to claim compensation therefor (except thattherefor, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).”
Appears in 3 contracts
Sources: Credit Agreement (ATS Corp /ATS), Third Amending Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section (or Sections 3.01 or 3.05) 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 (or Sections 3.01 or 3.05) 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 or other event 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 or other event 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
Sources: Superpriority Senior Debtor in Possession Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp), Dip Facility Agreement
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Parent and the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the Borrower Parent 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Teva Pharmaceutical Industries LTD), Term Loan Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.11 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 this Section 2.11 for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such Lender notifies the 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Revolving Loan Facility Credit Agreement (CME Media Enterprises B.V.), Term Loan Facility Credit Agreement (CME Media Enterprises B.V.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered incurred more than nine six months prior to the date that such Lender notifies the 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 therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month six‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Senior Secured Term Loan Credit Agreement (American Capital, LTD), Senior Secured Term Loan Credit Agreement (American Capital, LTD), Senior Secured Revolving Credit Agreement (American Capital, LTD)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section shall not constitute a waiver of such the Lender’s right to demand such compensation; provided , except that the Borrower Borrowers shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine twelve months prior to the date that such the Lender notifies the Borrower Borrowers of the Change in Law Laws giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except thattherefor, if unless the Change in Law Laws giving rise to such increased costs or reductions is retroactive, then in which case the ninetwelve-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Non Revolving Term Facility Credit Agreement (Strategic Storage Trust VI, Inc.), Non Revolving Term Facility Credit Agreement (Strategic Storage Trust VI, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine six (6) months prior to the date that such Lender notifies the Borrower Representative 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 nine (9) -month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (FlexEnergy Green Solutions, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the Borrower Representative 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 nine (9) -month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Natural Gas Services Group Inc), Credit Agreement (Natural Gas Services Group Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower Borrowers shall not be required to compensate a such Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine twelve months prior to the date that such Lender notifies the Borrower Borrowers of the Change in Law Laws giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except thattherefor, if unless the Change in Law Laws giving rise to such increased costs or reductions is retroactive, then in which case the ninetwelve-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Strategic Storage Trust VI, Inc.), Credit Agreement (Strategic Storage Trust VI, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender▇▇▇▇▇▇’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Forbearance Agreement (Digerati Technologies, Inc.), Term Loan Agreement (Eastman Chemical Co)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower Account Parties shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 90 days prior to the date that such Lender notifies the Borrower XL Capital of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Xl Capital LTD), Credit Agreement (Xl Capital LTD)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine six (6) months prior to the date that such the Lender notifies the Borrower 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 ninesix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Riot Platforms, Inc.), Credit Agreement (Hut 8 Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine six months prior to the date that such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided, further, 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); provided, however, that, the Borrower shall have no obligation with respect to demands made after the Maturity Date.
Appears in 2 contracts
Sources: Working Capital Agreement (Louisiana Generating LLC), Loan Agreement (NRG Energy Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.12 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 this Section for any increased costs incurred or reductions suffered more than nine months 180 days prior to the date that such Lender notifies the 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 nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof)) .
Appears in 2 contracts
Sources: Loan Agreement (Mattress Firm Holding Corp.), Loan Agreement (Mattress Firm Holding Corp.)
Delay in Requests. Failure or delay on the part of any Lender Issuing Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender Lender, notifies the Borrower Borrowers 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 nine-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Term Loan Agreement (Triton International LTD), Term Loan Agreement (Triton International LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 9.3 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to 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, 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).
Appears in 2 contracts
Sources: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided PROVIDED that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 90 days prior to the date that such Lender notifies the Borrower XL Capital of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; PROVIDED FURTHER that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Xl Capital LTD), 364 Day Credit Agreement (Xl Capital LTD)
Delay in Requests. Failure or delay on the part of any a Lender to demand compensation pursuant to this Section shall not constitute a waiver of Agent’s or such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months prior to the date that such Lender Lender, as the case may be, notifies the 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 therefor; provided further 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
Sources: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than nine months 180 days prior to the date that such the Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such the Lender’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Working Capital Facility (Reliant Energy Inc), Working Capital Facility (Reliant Energy Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section 13.1 for any increased costs incurred or reductions suffered more than nine months 90 days prior to the date that such Lender notifies the Borrower Borrowers 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 thattherefor, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine90-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender notifies the Borrower 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 nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Term Loan Agreement (Nordson Corp), Credit Agreement (Focus Venture Partners, Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 2.10 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 this Section 2.10 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).
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Cheniere Energy Partners, L.P.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than nine (9) months prior to the date that such Lender notifies the Borrower 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 nine-month nine (9)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Maxwell W Keith III), Credit Agreement (Via Renewables, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to 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 this Section for any increased costs incurred or reductions suffered more than nine months 270 days prior to the date that such Lender notifies the 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 nine270-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Term Loan Agreement (Cosan Ltd.), Term Loan Agreement (Legg Mason Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 8.2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to this Section 8.2 for any increased costs incurred or reductions suffered more than nine months one month prior to the date that such Lender notifies the 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 thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nineone-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Sandstorm Gold LTD), Credit Agreement (Sandstorm Gold LTD)
Delay in Requests. 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 six months prior to the date that such Lender notifies the 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 ninesix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Gen Probe Inc), Credit Agreement (Gen Probe Inc)
Delay in Requests. Failure or delay on the part of any Lender the Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lenderthe Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender the Bank pursuant to this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender the Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lenderthe 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 (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Letter of Credit Facility Agreement (Cincinnati Financial Corp), Letter of Credit Facility Agreement (Cincinnati Financial Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to 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 reductions and of such Lender’s intention to claim compensation therefor (except thattherefore, if unless the Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).”
Appears in 2 contracts
Sources: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray Brands, Inc.)