Limitation on Certain Payment Obligations. (1) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes. (2) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs. (3) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections. (4) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 3 contracts
Sources: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 3.08 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 3.13 and 3.13 3.14 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 3.11 and 3.16 3.17 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender Under or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Section 3.07 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Sections Section 3.12 and 3.13 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on the Borrower for indemnification or compensation pursuant to Sections Section 3.10 and 3.16 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give the Borrower notice within the time limitations prescribed in (a) or (b) above, the Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender or the Administrative Agent fail fails to give the Borrower notice within the time limitation prescribed in (c) above, the Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Sources: Credit Agreement (Intermet Corp), Credit Agreement (Ironton Iron Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower the Company for indemnification or compensation pursuant to Section 3.07 3.05 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower the Company for indemnification or compensation pursuant to Sections 3.12 and 3.13 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 Section 3.07 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4c) In the event that the Lenders or the Administrative Agent fail to give Borrower the Company notice within the time limitations prescribed in (a) or (b) above, Borrower the Company shall not have any obligation to pay such claim for compensation or indemnification. In the event that the any Lender or the Administrative Agent fail fails to give Borrower the Company notice within the time limitation prescribed in (cb) above, Borrower the Company shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 2 contracts
Sources: Letter of Credit Facility Agreement (Intermet Corp), Letter of Credit Facility Agreement (Ironton Iron Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 SECTION 3.7 no later than 90 120 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, Taxes and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections SECTION 3.10 or 3.12 and 3.13 no later than 90 120 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and SECTION 3.9 or 3.16 no later than 90 120 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth one hundred and twentieth (120th) day preceding such written demand.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Office Depot Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Section 3.07 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections Section 3.12 and 3.13 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower Interface for indemnification or compensation pursuant to Sections 3.10 3.09 and 3.16 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower Interface notice within the time limitations prescribed in (a) or (b) above, Borrower Interface shall not have any no obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail fails to give Borrower Interface notice within the time limitation prescribed in (c) above, Borrower Interface shall not have any no obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Sources: Term Loan Agreement (Interface Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 2.21 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 Section 2.20 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 Section 2.19 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rulerole, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 3.08 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 3.13 and 3.13 3.14 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 3.11 and 3.16 3.17 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 4.7 no later than 90 120 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, Taxes and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 Section 4.10 or 4.12 no later than 90 120 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 Section 4.9 or 4.16 no later than 90 120 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rule, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth one hundred and twentieth (120th) day preceding such written demand.
Appears in 1 contract
Sources: Revolving Credit and Line of Credit Agreement (Office Depot Inc)
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 2.21 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 Section 2.20 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 Section 2.19 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rulerole, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sectionsSections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract
Limitation on Certain Payment Obligations. (1a) Each Lender or Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Section 3.07 2.21 no later than 90 days after the earlier of (i) the date on which such Lender or the Administrative Agent makes payment of such Taxes, and (ii) the date on which the relevant taxing authority or other governmental authority makes written demand upon such Lender or the Administrative Agent for payment of such Taxes.
(2b) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.12 and 3.13 Section 2.20 no later than 90 days after the event giving rise to the claim for indemnification or compensation occurs.
(3c) Each Lender or the Administrative Agent shall make written demand on Borrower for indemnification or compensation pursuant to Sections 3.10 and 3.16 Section 2.19 no later than 90 days after such Lender or the Administrative Agent receives actual notice or obtains actual knowledge of the promulgation of a law, rulerole, order or interpretation or occurrence of another event giving rise to a claim pursuant to such sections.
(4d) In the event that the Lenders or the Administrative Agent fail to give Borrower notice within the time limitations prescribed in (a) or (b) above, Borrower shall not have any obligation to pay such claim for compensation or indemnification. In the event that the Lender or the Administrative Agent fail to give Borrower notice within the time limitation prescribed in (c) above, Borrower shall not have any obligation to pay any amount with respect to claims accruing prior to the ninetieth day preceding such written demand.
Appears in 1 contract