Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10 or 2.06, unless a Lender gives notice to the Borrower that the Borrower is obligated to pay any amount under Section 1.10 or 2.06 within 180 days after the later of (x) the date such Lender incurs the respective increased costs or reduction in the rate of return or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs or reduction in the rate of return, such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to Section 1.10 or 2.06 to the extent the respective increased costs or reduction in the rate of return are incurred or suffered on or after the date which occurs 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Section 1.10 or 2.06. This Section 1.14 shall have no applicability to any Section of this Agreement other than Sections 1.10 and 2.06.
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 1.11, 2.06 or 4.04 unless a Lender gives notice to the Borrower that it is obligated to pay an amount under any such Section within six months after the later of (x) the date the Lender incurs the respective increased costs, Taxes, loss, expense or liability, reduction in amounts received or receivable or reduction in return on capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reductions in amounts received or receivable or reduction in return on capital, then such Lender shall only be entitled to be compensated for such amount by the Borrower pursuant to said Section 1.10, 1.11, 2.06 or 4.04, as the case may be, to the extent the costs, Taxes, loss, expense liability, reduction in amounts received or receivable or reduction in return on capital are incurred or suffered on or after the date which occurs six months prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to said Section 1.10, 1.11, 2.06 or 4.04. This Section 13.23 shall have no applicability to any Section of this Agreement other than said Sections 1.10, 1.11, 2.06 or 4.04.
Limitation on Additional Amounts. Notwithstanding the foregoing, (a) (i) if withholding is required in respect of Canadian Taxes, (ii) the rate of such withholding exceeds 10% of any payment and (iii) the Corporation exercises its Initial Optional Redemption right set forth in subsection 3.3, or (b) if following the Initial Limiting Time (as defined below) (i), an increased rate of withholding is required in respect of Canadian Taxes as a result of a change in law or the interpretation or administration thereof by the relevant government authority or agency (a "CHANGE IN CANADIAN TAX LAW") and (ii) the Corporation exercises its Subsequent Optional Redemption (as defined below) right set forth in subsection 3.3, the obligation of the Corporation to pay any Additional Amounts or to make any reimbursement in respect of any Canadian Taxes imposed on any payment made by the Corporation under or with respect to the Debentures shall be determined as if the rate of withholding required in respect of Canadian Taxes did not exceed 10% of the amount of any payment. If the Holder (which, for these purposes includes a direct or indirect owner of any equity interest in the Holder) is, in its reasonable opinion, able to apply for or otherwise take advantage of any tax credit, tax deduction or similar benefit by reason of any withholding or deduction made by the Corporation on account of Canadian Taxes in respect of any payment made by it hereunder (or where less than all of such payment gives rise to Additional Amounts, the portion of such payment that gives rise to Additional Amounts), then such Holder will use such endeavours as it considers appropriate to obtain such credit, deduction or benefit and upon receipt thereof will pay to the Corporation such amount (if any) not exceeding the Additional Amounts determined in accordance with the limitations in this subsection 3.2 paid by the Corporation as equals the net after-tax value to such Holder of such part of such credit, deduction or benefit as it considers is allocable to such withholding or deduction having regard to all its dealings giving rise to similar credits, deductions or benefits in relation to the same tax period and to the cost of obtaining the same, provided that nothing herein shall (i) interfere with the right of such Holder to arrange its tax affairs in whatever manner it deems fit and in particular such Holder shall not be under any obligation to claim relief from its profits or similar tax liability in respect of any such deduction ...
Limitation on Additional Amounts. Notwithstanding the foregoing provisions of this Section 2.10, the Borrower shall not be obligated hereunder to pay to any Lender any additional amounts described above in this Section 2.10 in respect of any portion of Indemnified Taxes or Other Taxes imposed by reason of such Lender not being an Eligible Lender, provided that the limitation set forth above in this paragraph (e) shall not apply at any time to any Person (whether or not such Person is an Eligible Lender) that becomes a Lender hereunder at any time when an Event of Default has occurred and is continuing (whether or not such Event of Default has thereafter been cured or waived). In addition, the limitation set forth in this paragraph (e) shall not apply if the applicable Lender has ceased to be an Eligible Lender by reason of any Change in Law after the date it became a Lender hereunder.
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in Section 1.10, 2.06 or 4.04, unless a Lender gives notice to the Borrower that the Borrower is obligated to pay any amount under Section 1.10, 2.06 or 4.04 within 180 days after the later of (x) the date such Lender incurs the respective increased costs. Taxes, loss, expense or liability, reduction in the amounts received or receivable hereunder or reduction in return of capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, Taxes, loss, expense or liability, reduction in the amounts received or receivable hereunder or reduction in return of capital, such Lender shall only be entitled to be compensated for any such amount by the Borrower pursuant to Section 1.10, 2.06 or 4.04, as the case may be, to the extent that any such amounts are incurred or suffered on or after the date which occurs 180 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Section 1.10, 2.06 or 4.04, as the case may be; PROVIDED, HOWEVER, that if the circumstances giving rise to such claims have a retroactive effect, such 180-day period shall be extended to include the period of such retroactive effect. This Section 13.17 shall not be applicable to any Section of this Agreement other than Sections 1.10, 2.06 and 4.04.
Limitation on Additional Amounts. Notwithstanding anything to the contrary contained in SECTION 10.01, 10.04, and 10.07, neither Borrower nor any Subsidiary of Borrower shall be required to pay to any Lender any increased costs, Taxes, loss, expense, or liability, reduction in amounts received or receivable or reduction in return on capital incurred more than 180 days prior to the date that such Lender notifies Borrower of such Lender's intention to claim any such compensation; PROVIDED THAT if the circumstances giving rise to such claim have a retroactive effect, then such 180 day period shall be extended to include the period of such retroactive effect.
Limitation on Additional Amounts. Notwithstanding anything to -------------------------------- the contrary contained in Section 1.10 or 2.06, unless a Lender gives notice to the Borrower that the Borrower is obligated to pay any amount under Section 1.10 or 2.06 within 120 days after the later of (x) the date such Lender incurs the respective increased costs, reduction in the amounts received or receivable hereunder or reduction in return of capital or (y) the date such Lender has actual knowledge of its incurrence of the respective increased costs, reduction in the amounts received or receivable hereunder or reduction in return of capital, such Lender shall only be entitled to be compensated for any such amount by the Borrower pursuant to Section 1.10 or 2.06 to the extent that any such amounts are incurred or suffered on or after the date which occurs 120 days prior to such Lender giving notice to the Borrower that it is obligated to pay the respective amounts pursuant to Section 1.10 or 2.06; provided, however, that -------- ------- if the circumstances giving rise to such claims have a retroactive effect, such 120-day period shall be extended to include the period of such retroactive effect. This Section 1.16 shall have no applicability to any Section of this Agreement other than to Sections 1.10 and 2.06.
Limitation on Additional Amounts. 192 13.24 Post Closing Actions................................................................................ 192 13.25 USA Patriot Act Notice.............................................................................. 193
Limitation on Additional Amounts. 64 10.10. REPLACEMENT LENDERS............................................................................64
Limitation on Additional Amounts. 15 1.15. Facility Increases ...................................... 15 Section 2 LETTERS OF CREDIT .................................................. 17
