Common use of BREAK COSTS IN RELATION TO CONVERSION Clause in Contracts

BREAK COSTS IN RELATION TO CONVERSION. If an Election Notice has been given to the Facility Agent pursuant to Clause 5.2.2 and Conversion does not occur on the Conversion Date as a result of the relevant provisions of Clause 5.2, Clause 5.3 and/or Clause 5.4 not being satisfied or waived, other than as a result of gross negligence or wilful misconduct of the Agent or any of the Lenders, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify (such certificate to contain a calculation thereof in reasonable detail) as necessary to compensate each of the Lenders for any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction as a consequence of Conversion not being made on the Conversion Date. If it is necessary for the Lenders to break deposits or re-employ funds taken or borrowed to make or maintain such Lender’s Contribution to the Loan in order for Conversion to take place on the Conversion Date, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify to be necessary to compensate a Lender for any losses incurred as a consequence of the Interest Period in respect of the Loan being prematurely terminated in order to allow Conversion to occur on the Conversion Date including, without limitation, any loss (including the cost of breaking deposits (including warehousing and other related costs)) or expense (including warehousing and other related costs) on account of funds borrowed, contracted for or utilised to fund such Lender’s Contribution to the Loan.

BREAK COSTS IN RELATION TO CONVERSION. If an Election Notice has been given to the Facility Agent pursuant to Clause 5.2.2 5.3.2 and Conversion does not occur on the Conversion Date as a result of the relevant provisions of Clause 5.25.3, Clause 5.3 5.4 and/or Clause 5.4 5.5 not being satisfied or waived, other than as a result of gross negligence or wilful misconduct of the Agent or any of the Lenders, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify (such certificate to contain a calculation thereof in reasonable detail) as necessary to compensate each of the Lenders for any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction as a consequence of Conversion not being made on the Conversion Date. If it is necessary for the Lenders to break deposits or re-employ funds taken or borrowed to make or maintain such Lender’s 's Contribution to the Loan Portions in order for Conversion to take place on the Conversion Date, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify to be necessary to compensate a Lender for any losses incurred as a consequence of the Pre-Delivery Interest Period Period(s) in respect of the Loan Portions being prematurely terminated in order to allow Conversion to occur on the Conversion Date including, without limitation, any loss (including the cost of breaking deposits (including warehousing and other related costs)) or expense (including warehousing and other related costs) on account of funds borrowed, contracted for or utilised to fund such Lender’s 's Contribution to the Loan.

BREAK COSTS IN RELATION TO CONVERSION. If an Election Notice has been given to the Facility Agent pursuant to Clause 5.2.2 5.3.2 and Conversion does not occur on the Conversion Date as a result of the relevant provisions of Clause 5.25.3, Clause 5.3 5.4 and/or Clause 5.4 5.5 not being satisfied or waived, other than as a result of gross negligence or wilful misconduct of the Agent or any of the Lenders, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify (such certificate to contain a calculation thereof in reasonable detail) as necessary to compensate each of the Lenders for any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction as a consequence of Conversion not being made on the Conversion Date. If it is necessary for the Lenders to break deposits or re-employ funds taken or borrowed to make or maintain such Lender’s 's Contribution to the Loan Portions in whatever currency or currencies they are for the time being denominated in order for Conversion to take place on the Conversion Date, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify to be necessary to compensate a Lender for any losses incurred as a consequence of the Pre-Redelivery Interest Period Period(s) in respect of the Loan Portions being prematurely terminated in order to allow Conversion to occur on the Conversion Date including, without limitation, any loss (including the cost of breaking deposits (including warehousing and other related costs)) or expense (including warehousing and other related costs) on account of funds borrowed, contracted for or utilised to fund such Lender’s 's Contribution to the LoanLoan in whatever currency or currencies it is for the time being denominated.

BREAK COSTS IN RELATION TO CONVERSION. If an Election Notice has been given to the Facility Agent pursuant to Clause 5.2.2 5.3.2 and Conversion does not occur on the Conversion Date as a result of the relevant provisions of Clause 5.25.3, Clause 5.3 5.4 and/or Clause 5.4 5.5 not being satisfied or waived, other than as a result of gross negligence or wilful misconduct of the Agent or any of the Lenders, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify (such certificate to contain a calculation thereof in reasonable detail) as necessary to compensate each of the Lenders for any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction as a consequence of Conversion not being made on the Conversion Date. If it is necessary for the Lenders to break deposits or re-employ funds taken or borrowed to make or maintain such Lender’s 's Contribution to the Loan Portions in whatever currency or currencies they are for the time being denominated in order for Conversion to take place on the Conversion Date, the Borrower shall pay to the Agent for the account of the Lenders interest accrued to but excluding the Conversion Date together with such amount as the Agent may certify to be necessary to compensate a Lender for any losses incurred as a consequence of the Pre-Delivery Interest Period Period(s) in respect of the Loan Portions being prematurely terminated in order to allow Conversion to occur on the Conversion Date including, without limitation, any loss (including the cost of breaking deposits (including warehousing and other related costs)) or expense (including warehousing and other related costs) on account of funds borrowed, contracted for or utilised to fund such Lender’s 's Contribution to the LoanLoan in whatever currency or currencies it is for the time being denominated.