Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 49 contracts
Sources: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days three (3) months prior to the date that such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’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 180-day three (3) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 49 contracts
Sources: Senior Secured Credit Agreement (BlackRock Private Credit Fund), Senior Secured Revolving Credit Agreement (Goldman Sachs Private Credit Corp.), Senior Secured Revolving Credit Agreement (Fidelity Private Credit Co LLC)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 26 contracts
Sources: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’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 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 12 contracts
Sources: Senior Secured Revolving Credit Agreement (Fortress Private Lending Fund), Senior Secured Revolving Credit and Term Loan Agreement (Nuveen Churchill Private Capital Income Fund), Senior Secured Credit Agreement (AGL Private Credit Income Fund)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section Sections 3.1 or 3.2 shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section Sections 3.1 or 3.2 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing BankIssuer’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 10 contracts
Sources: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; provided , provided, that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower KCMH of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing BankLender’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 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: Second Amendment (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing 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 Lender’s or LC the Issuing Bank’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 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.4 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.4 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch Issuer, 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 or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.13 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’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 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Senior Secured, Super Priority Debtor in Possession and Exit Option Credit Agreement (Linens N Things Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraphs (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section 4 shall not constitute a waiver of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank the Letter of Credit Issuer pursuant to this Section 4 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bankthe Letter of Credit Issuer, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’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 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Fortress Private Lending Fund), Revolving Credit Agreement (Fortress Private Lending Fund)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section Sections 2.34 or 2.35 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section Sections 2.34 or 2.35 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section 3.09 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower TCG of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank▇▇▇▇▇▇’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Carlyle Group Inc.), Revolving Credit Agreement (Carlyle Group Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 270 days prior to the date that such Lender or LC the Issuing 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 Lender’s 's or LC the Issuing Bank’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 180-270 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Vanguard Natural Resources, LLC), Credit Agreement (Vanguard Natural Resources, LLC)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis South America Holdings LLC)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, 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 's or LC Issuing Bank’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 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Pacificorp /Or/)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Applicable Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 90 days prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’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 18090-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Newell Rubbermaid Inc), Credit Agreement (Newell Rubbermaid Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that provided, the Borrower Borrowers shall not be required to compensate a Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit and Guaranty Agreement (NRC Group Holdings Corp.)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's or LC the Issuing Bank’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender Bank or LC Issuing Bank the L/C Issuer to demand compensation pursuant to this Section 2.17, 2.18 or 2.20 shall not constitute a waiver of such LenderBank’s or LC Issuing Bankthe L/C Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender Bank or LC Issuing Bank the L/C Issuer pursuant to this Section any of such Sections for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender Bank or LC Issuing Bankthe L/C Issuer, as the case may be, notifies the Borrower of the Change in Law event giving rise to such increased costs or reductions, reductions and of such LenderBank’s or LC Issuing Bankthe L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law event giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Saia Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing 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 Lender’s or LC the Issuing Bank’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).. LEGAL02/33558006v8
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Georesources Inc)
Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or such LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such 60 increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or such LC Issuing BankIssuer’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that 742026061 21680120 such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’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 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section 3.04, or Section 3.02 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to the foregoing provisions of this Section 3.04, or Section 3.02 for any increased costs incurred or reductions suffered (or other compensation provided in such Sections) incurred more than 180 90 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law or other applicable circumstance giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except thattherefore and provided, further, that if the Change in Law or other applicable circumstance giving rise to such increased costs or reductions is retroactive, then the 18090-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Toys R Us Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.9 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.9 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.08 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.08 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (7 Eleven Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs or expenses incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, expenses or reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or expenses or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Velti PLC)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Entergy Gulf States Louisiana, LLC)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Agco Corp /De)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section Sections 3.1 or 3.2 shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section Sections 3.1 or 3.2 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing BankIssuer’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).. 15524773v115524773v5
Appears in 1 contract
Sources: Credit Agreement (Idaho Power Co)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank the Letter of Credit Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bankthe Letter of Credit Issuer, 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 or LC Issuing Bankthe Letter of Credit Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.5 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.5 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch Issuer, 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 or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.13 for any Credit Agreement 63 -57- increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC Issuing 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 Lender’s 's or LC Issuing Bank’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 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender Bank or LC any Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section §3.4 shall not constitute a waiver of such LenderBank’s or LC such Issuing Bank’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender Bank or LC an Issuing Bank pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender Bank or LC such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, reductions and of such LenderBank’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the applicable Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine–month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.19 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be 93 required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.19 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Debtor in Possession Abl Credit and Guaranty Agreement (QualTek Services Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).. 1209502.04-CHISR02A - MSW
Appears in 1 contract
Sources: Credit Agreement (Novelis Inc.)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, Issuer notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing BankIssuer’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 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not 47345311_9 be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing 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 Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the 777795439 Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 days three months prior to the date that such Lender or LC such Issuing 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 Lender’s or LC such Issuing Bank’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 180three-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower Rayonier of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC CHAR2\1701593v10 Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Rayonier Inc)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or LC Issuing Bank’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 180-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Agco Corp /De)
Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.10 for any increased costs incurred or reductions suffered more than 180 two hundred seventy (270) days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180270-day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Company and the Designated Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Earthlink Inc)