Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 11 contracts
Sources: Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower in writing of the change in Law giving rise to any such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions (except that, if the Change in Law giving rise to such increased costs is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 10 contracts
Sources: Credit and Security Agreement (FIDUS INVESTMENT Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.14 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further, that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: Senior Secured Credit Agreement (AB Private Lending Fund), Senior Secured Revolving Credit Agreement (Kayne Anderson BDC, Inc.), Senior Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 3.1 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: 364 Day Revolving Credit Agreement (Seaboard Corp /De/), Term Loan Credit Agreement (Seaboard Corp /De/), Credit Agreement (Frontier Communications Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 4.04 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a any Lender pursuant to the foregoing provisions of this Section 4.04 for any increased costs incurred or reductions suffered or other amounts claimed more than six-six (6) months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month six (6)-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 8 contracts
Sources: Credit Agreement (Overland Advantage), Revolving Credit Agreement (Overland Advantage), Revolving Credit Agreement (Overland Advantage)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Hut 8 Corp.), Credit Agreement (Hut 8 Corp.), Credit Agreement (Hut 8 Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender▇▇▇▇▇▇’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the no Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 6 contracts
Sources: Term Loan Agreement (Mastec Inc), Term Loan Agreement (Mastec Inc), Term Loan Credit Agreement (Teledyne Technologies Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 5 contracts
Sources: Credit Agreement (Cloudera, Inc.), Credit Agreement (Leidos Holdings, Inc.), Credit Agreement (Leidos Holdings, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall will not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall will not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall will be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Revolving Credit Facility (Nordstrom Inc), Revolving Credit Facility (Nordstrom Inc), Revolving Credit Facility (Nordstrom Inc)
Delay in Requests. Failure or delay on the part of any the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Credit Agreement (Atrion Corp), Credit Agreement (Atrion Corp), Credit Agreement (DCP Midstream, LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Term Loan Agreement (Dayton Power & Light Co), Term Loan Agreement (Ipalco Enterprises, Inc.), Term Loan Agreement (Ipalco Enterprises, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 4 contracts
Sources: Loan Agreement (Bancplus Corp), Loan Agreement (First Guaranty Bancshares, Inc.), Loan Agreement (First Guaranty Bancshares, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that (i) the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor therefor; and (except that, ii) if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Revolving Loan Agreement (Harte Hanks Inc), Term Loan Agreement (Harte Hanks Inc), Term Loan Agreement (Harte Hanks Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.13 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.13 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Loan Parties shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Issuer of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Syndicated Facility Agreement and Unconditional Guaranty (Resmed Inc), Syndicated Facility Agreement (Resmed Inc), Credit Agreement (Resmed Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Fifth Amendment to Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower no Obligor shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower in writing of the change in Law giving rise to any such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions (except that, if the Change in Law giving rise to such increased costs is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 3 contracts
Sources: Senior Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured Revolving Credit Agreement (Alcentra Capital Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).) ..
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Regency Energy Partners LP), Second Lien Credit Agreement (Regency Energy Partners LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 5.01 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 5.01 for any increased costs incurred or reductions suffered incurred more than six-months 60 days prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided, further, that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixth60-month day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Ormat Technologies, Inc.), Credit Agreement (Ormat Technologies, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s ▇▇▇▇▇▇'s right to demand such compensation; provided that none of the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Five Year Credit Agreement (Aflac Inc), 364 Day Credit Agreement (Aflac Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 5.01 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 5.01 for any increased costs incurred or reductions suffered incurred more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Sundance Energy Inc.), Restructuring Support Agreement (Sundance Energy Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim Claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Kestra Medical Technologies, Ltd.), Credit Agreement and Guaranty (Kestra Medical Technologies, Ltd.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (C4 Therapeutics, Inc.), Credit Agreement (C4 Therapeutics, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Loan Agreement (Bancplus Corp), Loan Agreement (First Bancshares Inc /MS/)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s 's intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall not be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Loan Agreement (Citizens Community Bancorp Inc.), Loan Agreement (Citizens Community Bancorp Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that provided, that, the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrower the certificate referenced in Section 3.2(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender▇▇▇▇▇▇’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 2 contracts
Sources: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Second Lien Credit Agreement (Thompson Creek Metals CO Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.12 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Secured Credit Agreement (Aspirational Consumer Lifestyle Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided PROVIDED that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; PROVIDED FURTHER that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a aany Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-sixnine (9) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsixnine-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Ohio Power Co)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such LenderL▇▇▇▇▇’s right to demand such compensation; provided , except that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such LenderFinance Party’s intention to claim compensation therefor (except thattherefor, if unless the change Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Senior Secured Term Loan Agreement
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.18 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrower the certificate referenced in Section 2.18.3 and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Obligors shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) 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 to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof)) .
Appears in 1 contract
Sources: Revolving Credit Agreement (Regency Energy Partners LP)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months six‑months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month 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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Loan Agreement (Bancplus Corp)
Delay in Requests. Failure or delay on the part of any a Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month six (6)-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 the Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such the Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a the Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such the Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof)..
Appears in 1 contract
Sources: Credit Agreement (Hut 8 Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-months 270 days prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth270-month day period referred to above shall be extended to include the period of retroactive effect thereof).. 5-YEAR REVOLVING CREDIT AGREEMENT
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided provided, that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).86
Appears in 1 contract
Sources: Credit Agreement (Science Applications International Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Company shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 2.12 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Rayonier of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's intention to claim compensation therefor therefore (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit and Security Agreement (Sun Hydraulics Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a any Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided, further, that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Revolving Loan Agreement (Goldman Sachs MLP Income Opportunities Fund)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than sixnine-months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixthnine-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 to demand compensation pursuant to this Section 5 4 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section 4 for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower Borrowers of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 2.13 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 2.13 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender ▇▇▇▇▇▇ notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall not 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 to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Obligors shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-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 (Exagen Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to the foregoing provisions of this Section 5 5.1 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor reductions (except that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (VEREIT Operating Partnership, L.P.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Donaldson Co Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).. Term Loan Agreement
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-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 (Northern Star Investment Corp. II)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 3.02 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 3.02 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).. 364-DAY CREDIT AGREEMENT
Appears in 1 contract
Sources: 364 Day Credit Agreement (Hearst Argyle Television Inc)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.10 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.10 for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 2.14 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (SPRINT Corp)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender▇▇▇▇▇▇’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).. Article 6
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-six (6) month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Note Purchase and Covenants Agreement (Ipalco Enterprises, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrowers the certificate referenced in Section 3.1(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and Borrowers of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof). Taxes .
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).. ‑50‑
Appears in 1 contract
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six months prior to the date that such Lender notifies the Borrower of the change in Law Regulatory Change giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law Regulatory Change giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Dividend Capital Diversified Property Fund Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section Article 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower Obligors shall not be required to compensate a Lender pursuant to this Section Article 5 for any increased costs incurred or reductions suffered more than six-nine (9) months prior to the date that such Lender notifies the Administrative Borrower of the change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-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 and Guaranty (GeneDx Holdings Corp.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.13 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender pursuant to this Section 2.13 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower Company of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 8.2 shall not constitute a waiver of such Lender’s right to demand such compensation; provided , except that the Borrower Borrowers and the Parent shall not be required to compensate a Lender pursuant to this Section 8.2 for any increased costs incurred or reductions suffered more than six-four months prior to the date that such Lender notifies the Borrower Borrowers and the Parent of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except thattherefore, if unless the change Change in Law giving rise to such increased costs or reductions is retroactive, then in which case the sixthfour-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (New Gold Inc. /FI)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 5.01 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than six-months 270 days prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth-month 270 day period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Term Loan Agreement (Vanguard Natural Resources, LLC)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
Appears in 1 contract
Sources: Credit Agreement (Globalstar, Inc.)
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 2.11 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section 2.11 for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s intention to claim compensation therefor (except therefor; provided further that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-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 to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s 's right to demand such compensation; provided that the (i) neither Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered incurred more than six-six months prior to the date that such Lender notifies the Borrower relevant Borrower(s) of the change Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's intention to claim compensation therefor and (except that, ii) if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
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Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender delivers to the Borrowers the certificate referenced in Section 3.1(c) and notifies the Borrower of the change in Law giving rise to such increased costs or reductions, and Borrowers of such Lender’s intention to claim compensation therefor (except that, if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixthsix-month period referred to above shall be extended to include the period of retroactive effect thereof).
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Sources: Credit Agreement
Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 5 shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than six-six (6) months prior to the date that such Lender the Lender, as the case may be, notifies the Borrower of the change Change in Law giving rise to such increased costs or reductions, and of such the Lender’s intention to claim compensation therefor (except that, that if the change Change in Law giving rise to such increased costs or reductions is retroactive, then the sixth6-month period referred to above shall be extended to include the period of retroactive effect thereof).
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Sources: Loan Agreement (Community First Inc)