Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 10 contracts
Sources: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.), Credit Agreement (Postal Realty Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Performant Financial Corp)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C LC 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 L/C LC 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 sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP)
Delay in Requests. Failure or delay on the part of any Lender or any L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or an L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or such L/C 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 such L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six ninety (690) months days prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C LC 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 sixninety-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Credit Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 7 contracts
Sources: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)
Delay in Requests. Failure or delay on the part of any Lender or any L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such L/C Issuer’s right to demand such compensation; provided that the applicable Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or such L/C Issuer, 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 such L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Credit Agreement (Sonida Senior Living, Inc.), Credit Agreement (Shimmick Corp), Credit Agreement (CTO Realty Growth, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months 180 days prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (EQT Corp), Extension Agreement and First Amendment to Second Amended and Restated Credit Agreement (EQT Corp), Credit Agreement (EQT Corp)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer such other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuersuch other Recipient’s right to demand such compensation; provided that the Borrower shall not be required to compensate a any Lender or L/C Issuer any other Recipient pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuersuch other Recipient, 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 L/C Issuersuch other Recipient’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 six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Term Loan Agreement (Coca-Cola Consolidated, Inc.), Term Loan Agreement (Coca-Cola Consolidated, Inc.), Term Loan Credit Agreement (CoreCivic, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section 3.4 for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C LC 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 sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement, Credit Agreement (Idacorp Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) 9 months prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C LC 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 six-9 month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Remora Royalties, Inc.), Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-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 (W&t Offshore Inc), Credit Agreement (Peak Resources LP), Credit Agreement (PROS Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT), Credit Agreement (Intl Fcstone Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six four (64) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixfour-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Arthur J. Gallagher & Co.), Multicurrency Credit Agreement (Gallagher Arthur J & Co), Multicurrency Credit Agreement (Gallagher Arthur J & Co)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.), Credit Agreement (Sunoco Logistics Partners L.P.)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or L/C LC Issuer’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six ninety (690) months days prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or L/C LC Issuer’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 sixninety-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Wageworks, Inc.), Credit Agreement (Wageworks, Inc.), Credit Agreement (Wageworks, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 2.8 for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month six‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (Emcor Group Inc), Credit Agreement (Emcor Group Inc)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or the L/C Issuer, as the case may be, Issuer notifies the Lead Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Letter of Credit Agreement, Letter of Credit Agreement (DSW Inc.), Letter of Credit Agreement (Petsmart Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months 180 days prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Lead Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim demand for compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)
Delay in Requests. Failure or delay on the part of any Lender or any L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or such L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months 180 days prior to the date that such Lender or such L/C Issuer, as the case may be, notifies the Borrower MKS of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or such L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month six (6)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six one hundred eighty (6180) months days prior to the date that such Lender or L/C LC 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 L/C LC 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 six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Vantage Energy Inc.), Credit Agreement (Vantage Energy Inc.), Credit Agreement (Vantage Energy Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 3.04 shall not constitute a waiver of such Lender’s or or L/C Issuer’s right to demand such compensation; provided that that, notwithstanding the Borrower provisions of Sections 3.04(a), 3.04(b) and 3.04(c), (i) the Borrowers shall not only be required to compensate a Lender or L/C Issuer pursuant to this Section liable for any amounts in respect of increased costs incurred or reductions suffered more than for the period beginning up to six (6) months prior to the date that on which such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor demand was made (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-six month period referred to above shall be extended to include the period of retroactive effect thereof), and (ii) the Lender claiming compensation therefor shall have applied consistent return metrics applied to other similarly situated borrowers or obligors with respect to such increased costs or reductions.
Appears in 3 contracts
Sources: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, 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 the L/C 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 six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Donaldson Co Inc), Credit Agreement (Donaldson Co Inc)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (EnerSys), Credit Agreement (Global Payments Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Martin Midstream Partners L.P.), Credit Agreement (Martin Midstream Partners Lp)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the neither Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer other Recipient to demand compensation pursuant to this Section 2.6 shall not constitute a waiver of such Lender’s or L/C Issuerother Recipient’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or L/C Issuer other Recipient pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuerother Recipient, as the case may be, notifies the Borrower of the Change in of Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuerother Recipient’s intention to claim compensation therefor (except that, if the Change in of Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) 6 months prior to the date that such Lender or the L/C Issuer, 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 the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Loan Agreement (Hemisphere Media Group, Inc.), Loan Agreement (Hemisphere Media Group, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 10.3 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 10.3 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Second Amendment to Third Amended and Restated Credit Agreement (Centerspace), Credit Agreement (Centerspace)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer the Issuing Bank to demand compensation pursuant to this Section 4.10 shall not constitute a waiver of such Lender’s or L/C Issuerthe Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuerthe 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 L/C Issuerthe 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 six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Atlas Pipeline Partners Lp), Credit Agreement (Atlas Pipeline Partners Lp)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Global Payments Inc), Credit Agreement (EnerSys)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer the Issuing Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuerthe Issuing Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C Issuer the Issuing Lender pursuant to this Section for any increased costs incurred or reductions suffered suffered, as the case may be, to the extent that such Lender or the Issuing Lender fails to make a demand for such compensation more than six (6) months prior to the date that after becoming aware of such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor reductions (except that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C 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 six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine (9) 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 (Addus HomeCare Corp), Credit and Guaranty Agreement (Addus HomeCare Corp)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 10.3 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 10.3 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Investors Real Estate Trust), Credit Agreement (Investors Real Estate Trust)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 2.8 for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six four (64) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixfour-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Hub Group, Inc.), Credit Agreement (Hub Group, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer other Recipient to demand compensation pursuant to this Section 2.6 shall not constitute a waiver of such Lender’s or L/C Issuerother Recipient’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or L/C Issuer other Recipient pursuant to this Section 2.6 for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuerother Recipient, as the case may be, notifies the Borrower of the Change in of Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuerother Recipient’s intention to claim compensation therefor (except that, if the Change in of Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Loan Agreement (Vivint Solar, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Eplus Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C the LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C the LC Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C the LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C the LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C the LC 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 sixnine-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 L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or such L/C Issuer’s right to demand such compensation; , provided that the a Borrower shall not be required to compensate a Lender or an L/C Issuer pursuant to the foregoing #95537764v15AMERICAS/2023466857.21 #96465179v1 provisions of this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or such L/C Issuer, 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 such L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Revolving Facility Amendment to Credit Agreement (SS&C Technologies Holdings Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six four (64) months prior to the date that such Lender or L/C 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixfour-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Hub Group, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or the L/C Issuer’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or the L/C Issuer’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 sixnine-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 the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 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 the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (SharkNinja, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Pfsweb Inc)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’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 six-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 the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver DB1/ 136748921.1136748921.3 -106- of such Lender’s or the L/C Issuer’s right to demand such compensation; , provided that the Borrower Loan Parties shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Lead Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the neither Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C LC Issuer, 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 L/C LC 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 sixnine-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 L/C Issuer to demand compensation pursuant to this Section 2.14(c) shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 2.14(c) for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (UTi WORLDWIDE INC)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer other Recipient to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuersuch other Recipient’s right to demand such compensation; provided that the Borrower shall not be required to compensate a any Lender or L/C Issuer any other Recipient pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuersuch other Recipient, 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 L/C Issuersuch other Recipient’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 sixnine-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 L/C Issuer to demand compensation pursuant to this Section 2.16 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months 180 days prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law change giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law change giving rise to such increased costs or reductions is retroactive, then the six-month 180 day period referred to above shall be extended to include the period of retroactive effect thereof)) .
Appears in 1 contract
Sources: First Lien Credit Agreement (SRAM International Corp)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or the L/C 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 the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 L/C Issuer to demand compensation pursuant to this Section 3.01 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 3.01 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine (9)-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 (Berry Corp (Bry))
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C LC 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 six-month 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 L/C LC Issuer to demand compensation pursuant to this Section 3.2 shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section 3.2 for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C LC 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 L/C LC 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 sixnine-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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-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 (Ansys Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s Issuer right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Parent Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 L/C Issuer Issuing Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C IssuerIssuing Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer Issuing Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C IssuerIssuing Lender, 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 L/C IssuerIssuing 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 six-six- month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; , provided that the Borrower Applicants shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) months 120 days prior to the date that such Lender or the L/C Issuer, as the case may be, Issuer notifies the Borrower Applicant Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 120 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 L/C Issuer to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine (9)‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (TSS, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C 71 Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such LenderL▇▇▇▇▇’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Cantor Fitzgerald Income Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower 748271253 shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (StoneX Group Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more 317687440_5 - 2/8/2024 1:48:48 PM 317687440.5 than six (6) months 180 days prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (TrueBlue, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section 3.01 shall not constitute a waiver of such Lender’s 's or the L/C Issuer’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section 3.01 for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or the L/C Issuer’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 sixnine-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 the L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Cantor Fitzgerald Income Trust, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C LC Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C LC Issuer’s right to demand such compensation; provided that the that, Borrower shall not be required to compensate a Lender or L/C LC Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C LC Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C LC 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 sixnine-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 the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s 's or the L/C Issuer’s 's right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C Issuer, 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 L/C Issuer’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 six-month 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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Backblaze, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section 2.16 shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section 2.16 for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Lead Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month nine‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (CTS Corp)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to this Section 1.12 shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-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 the L/C Issuer to demand compensation pursuant to this Section 3.04 shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender or the L/C Issuer pursuant to this Section 3.04 for any increased costs incurred or reductions suffered incurred more than six (6) months 180 days prior to the date that such Lender or the L/C Issuer, as the case may be, Issuer notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs cost or reductions reduction is retroactive, then the six180-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Vontier Corp)
Delay in Requests. Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs or reduced rates incurred or reductions suffered more than six (6) months 90 days prior to the date that such Lender or L/C 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 the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month 90 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Keane Inc)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that provided, that, the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six nine (69) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Martin Midstream Partners L.P.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such Lender or L/C 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 L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such that Lender’s or L/C Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six (6) nine months prior to the date that such that Lender or the L/C Issuer, as the case may be, Issuer notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such that Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the six-month six‑month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Envestnet, Inc.)
Delay in Requests. Failure or delay on the part of any Lender or L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or L/C Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the sixnine-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 L/C Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or L/C Issuer’s 's right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or L/C Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than six (6) months prior to the date that such Lender or L/C 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 's or L/C Issuer’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 six-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 (Ansys Inc)