Break Funding Payments. In the event of (a) any payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 13 contracts
Samples: Credit Agreement (Level 3 Parent, LLC), Credit Agreement (Level 3 Communications Inc), Credit Agreement (Level 3 Communications Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert or prepay continue any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.135.05, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (ix) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (iiy) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 thirty days after receipt thereof.
Appears in 13 contracts
Samples: Credit Agreement (Ultra Petroleum Corp), Credit Agreement (Ultra Petroleum Corp), Credit Agreement (Ultra Petroleum Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 9 contracts
Samples: Credit Agreement, Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Linn Energy, LLC)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.135.04, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 8 contracts
Samples: Credit Agreement (Viper Energy Partners LP), Collateral Agreement (Diamondback Energy, Inc.), Additional Lender Agreement (Viper Energy Partners LP)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar LIBO Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar LIBO Rate Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar LIBO Rate Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar LIBO Rate Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar Eurodollar market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A certificate of any Lender (i) setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (ii) certifying that such Lender is generally charging the relevant amounts to similarly situated borrowers shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof.
Appears in 7 contracts
Samples: Security Agreement (Hayward Holdings, Inc.), Security Agreement (Hayward Holdings, Inc.), Fourth Amendment Agreement (PQ Group Holdings Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto (regardless of whether such notice may be revoked under Section 2.11(b) and is revoked in accordance therewith) or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, 2.20 then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such eventevent (which loss, cost or expense shall not include lost profits). In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and setting forth the basis for the determination thereof, together with supporting calculations, shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 In determining such amount or the Borroweramounts, as applicable, such Lender shall act reasonably and in good faith. The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 6 contracts
Samples: 2020 Revolving Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar Dollar deposits of a comparable amount and period from other banks in the eurodollar market. If a Lender is not a commercial bank, such Lender may determine amounts due to it pursuant to the preceding sentence by any other reasonable method designed to calculate funding losses for the relevant Interest Period. A certificate of any Lender setting forth in reasonable detail the basis for any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest demonstrable error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof.
Appears in 6 contracts
Samples: Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar Term Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrower, convert, continue or prepay any Eurodollar Term Rate Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar or Term Rate Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.22, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar any Term Rate Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate SOFR rate that is or would have been applicable to such Loan, Loan for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar SOFR market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A certificate of If any Lender setting forth sustains or incurs any such loss or expense, it shall from time to time notify the Borrower of the amount or amounts that determined in good faith by such Lender is entitled (which determination may include such assumptions, allocations of costs and expenses and averaging or attribution methods as such Lender shall deem reasonable) to receive pursuant be necessary to this Section indemnify such Lender for such loss or expense. Such notice shall specify in reasonable detail the basis for such determination. Such amount shall be delivered due and payable by the Borrower to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any ten (10) Business Days after such certificate within 10 days after receipt thereofnotice is given.
Appears in 5 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender (it being understood that the deemed amount shall not exceed the actual amount) to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurocurrency Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in dollars of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 5 contracts
Samples: Credit Agreement (Caesars Entertainment Operating Company, Inc.), Credit Agreement (CAESARS ENTERTAINMENT Corp), Credit Agreement (CAESARS ENTERTAINMENT Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the such Lender’s loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurodollar Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in Dollars of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth calculations of any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate on the next Monthly Payment Date; provided that such Lender shall have delivered such certificate to the Borrower within 10 180 days after receipt thereofof the event giving rise to the amounts calculated therein.
Appears in 5 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan or B/A Loan other than on the last day of an Interest Period or Contract Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Eurocurrency Loan or B/A Loan other than on the last day of the Interest Period or Contract Period applicable thereto, (c) the failure to borrow, convert, continue or prepay any Eurocurrency Loan or B/A Loan on the date specified in any notice delivered pursuant hereto (regardless of whether such notice may be revoked under Section 2.09(b) and is revoked in accordance therewith), or (d) the assignment of any Eurocurrency Loan or B/A Loan other than on the last day of the Interest Period or Contract Period applicable thereto as a result of a request by Level 3 a Borrower Representative pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the applicable Borrower Representative and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 5 contracts
Samples: Assignment and Assumption (Edgen Group Inc.), Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.11), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto (regardless of whether such notice may be revoked under Section 2.11(a) and is revoked in accordance therewith) or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.19 or the CAM Exchange, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the relevant currency of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the applicable Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 4 contracts
Samples: Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.), And Restatement Agreement (Cimpress N.V.)
Break Funding Payments. In the event of (a) any the payment of any principal Principal Amount of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the continuation of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13the Borrower, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount Principal Amount of such Loan had such event not occurred occurred, at the LIBO Rate (in the case of a Eurodollar Loan) that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert borrow or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount Principal Amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any such Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and the Administrative Agent and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof. Notwithstanding anything to the contrary contained herein, no Lender shall be entitled to receive any amount or amounts pursuant to this Section if such amount or amounts are attributable solely to the merger or other consolidation of such Lender with another Lender.
Appears in 4 contracts
Samples: Credit Agreement (Western Midstream Partners, LP), Credit Agreement (Western Gas Partners LP), Revolving Credit Agreement (Western Gas Equity Partners, LP)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Term Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Term Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any each such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Term Loan had such event not occurred occurred, at the LIBO LIBOR Rate that is or would have been applicable to such Term Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Term Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereofon demand.
Appears in 3 contracts
Samples: Credit Agreement (Nord Resources Corp), Credit Agreement (Nord Resources Corp), Credit Agreement (Nord Resources Corp)
Break Funding Payments. (a) In the event of (ai) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (bii) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto (including as a result of Section 2.20), (iii) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (civ) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.19 or the CAM Exchange, then, in any such event, Xxxxx 0 and the Borrower, as applicable, such Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender (it being understood that the deemed amount shall not exceed the actual amount) to be the excess, if any, of (iA) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurocurrency Loan, for the period that would have been the Interest Period for such Loan), over (iiB) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in U.S. Dollars of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16 shall be delivered to Level 3 the applicable Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Momentive Performance Materials Inc.), Collateral Access Agreement (Momentive Performance Materials Inc.), Collateral Access Agreement (Momentive Performance Materials Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.135.04, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (APEG Energy II, LP), Credit Agreement (Diamondback Energy, Inc.), Credit Agreement (Us Energy Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert or prepay continue any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan for acceptance and purchase other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such LoanLoan (exclusive of any applicable margin), for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bidbid (excluding anticipated costs), at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar marketLondon interbank market (exclusive of any applicable margin). A certificate of any Lender delivered to the Borrower and setting forth in reasonable detail any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (PetroLogistics LP), Credit Agreement (PetroLogistics LP), Credit Agreement (PetroLogistics LP)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert or prepay continue any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such LoanLoan (but not including the Applicable Rate applicable thereto), for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar London interbank market. A certificate of any Lender delivered to the applicable Borrower and setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Vishay Intertechnology Inc), Credit Agreement (Vishay Intertechnology Inc), Credit Agreement (Vishay Intertechnology Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow (other than due to the default of the relevant Lender or with respect to Borrowings that are expressly stated to be contingent on certain transactions), convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and upon the Borrowerrequest of the affected Lender, as applicable, the Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender (it being understood that the deemed amount shall not exceed the actual amount) to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurocurrency Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Driven Brands Holdings Inc.), Intercreditor Agreement (Driven Brands Holdings Inc.), Credit Agreement (Driven Brands Holdings Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.135.04(b), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 thirty (30) days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Revolving Loan or Term Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section Section, demonstrating in reasonable detail the calculation of the amounts, shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender (it being understood that the deemed amount shall not exceed the actual amount) to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurocurrency Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in dollars of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (CAESARS ENTERTAINMENT Corp), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp)
Break Funding Payments. In the event of (a) any the payment or prepayment (voluntary or otherwise) of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result thereto, or (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.7(d) and is revoked in accordance therewith), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which that such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Insight Communications Co Inc), Credit and Guaranty Agreement (Wellchoice Inc), Credit Agreement (Insight Communications Co Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.11(d) and is revoked in accordance therewith), or (c) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the European J.V. pursuant to Section 2.132.19 or the CAM Exchange, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower of such Loan shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency and of a comparable amount and period from other banks in the eurodollar London interbank market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, European J.V. The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof, unless such amount is being contested by the European J.V. in good faith.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.11), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.09(d) and is revoked in accordance therewith), or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower Representative pursuant to Section 2.132.19 or 9.02(d), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense (excluding any loss of margin or profit therefrom) attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Eurodollar Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such LoanEurodollar Loan (but not including the Applicable Rate, margin or profit applicable thereto), for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Eurodollar Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth in reasonable detail any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower Representative and upon delivery of such items shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.10), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.10(b) and is revoked in accordance therewith), or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the applicable Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the relevant currency of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Company (on behalf of itself and the Borrowing Subsidiaries) and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 3 contracts
Samples: Credit Agreement (Crane Co /De/), Borrowing Subsidiary Agreement (Crane Co /De/), Credit Agreement (Crane Co /De/)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar SARON Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.11), (b) the failure to borrow borrow, continue or prepay any Eurodollar SARON Loan on the date specified in any notice delivered pursuant hereto, hereto (regardless of whether such notice may be revoked under Section 2.11 and is revoked in accordance therewith) or (c) the assignment of any Eurodollar SARON Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate SARON that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert borrow or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in CHF of a comparable amount and period from other banks in the eurodollar marketmarket for such currency. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 2 contracts
Samples: Term Loan Agreement (Bruker Corp), Term Loan Agreement (Bruker Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), or (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each the Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan Loans had such event not occurred occurred, at the LIBO Rate interest that is or would have been applicable to such LoanLoans, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such LoanLoans), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, then applicable LIBOR Rate for dollar deposits of a comparable amount and period from other banks available in the eurodollar marketLondon interbank market closest in length to such remaining period. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (China Biologic Products, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.135.04(b), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Oasis Petroleum Inc.), Credit Agreement (Oasis Petroleum Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan SOFR Borrowing bearing interest based upon Adjusted Term SOFR other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan SOFR Borrowing other than on the last day of the Interest Period applicable thereto as a result thereto, or (c) the failure to convert, continue or prepay any Borrowing on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.08(b)), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the its out-of-pocket loss, cost and expense attributable to such event. In the case of a Eurodollar LoanSOFR Borrowing bearing interest based upon Adjusted Term SOFR, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan Borrowing had such event not occurred occurred, at the LIBO Rate Adjusted Term SOFR that is or would have been applicable to such LoanBorrowing, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such LoanBorrowing), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar SOFR market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.13 shall be delivered to Level 3 Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, Borrower shall pay such Lender the amount shown as due on any such certificate within 10 fifteen (15) days after receipt thereof.thereof.
Appears in 2 contracts
Samples: Credit Agreement (Strategic Student & Senior Housing Trust, Inc.), Credit Agreement (Strategic Student & Senior Housing Trust, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment or purchase of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.135.04(b), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (QR Energy, LP), Credit Agreement (QR Energy, LP)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar LIBO Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar LIBO Rate Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar LIBO Rate Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Top Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Top Borrower shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar LIBO Rate Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar Eurodollar market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A Any Lender requesting compensation under this Section 2.16 shall be required to deliver a certificate of any Lender setting to the Top Borrower that (A) sets forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered Section, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (B) certifies that such Lender is generally charging the relevant amounts to Level 3 and similarly situated borrowers, which certificate shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Top Borrower shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender (it being understood that the deemed amount shall not exceed the actual amount) to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurocurrency Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in dollars of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Playtika Holding Corp.), Credit Agreement (Playtika Holding Corp.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), or (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each the Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan Loans had such event not occurred occurred, at the LIBO Rate interest rate that is or would have been applicable to such LoanLoans, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such LoanLoans), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, then applicable LIBOR Rate for dollar deposits of a comparable amount and period from other banks available in the eurodollar marketLondon interbank market closest in length to such remaining period. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Vipshop Holdings LTD), Credit Agreement (China Biologic Products, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrowers pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated)
Break Funding Payments. In the event of (a) any payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.132.12, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Level 3 Communications Inc), Assignment and Amendment Agreement (Level 3 Communications Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.09(b) and is revoked in accordance therewith), or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower shall compensate each Lender for the actual loss, cost and expense attributable to such eventevent (other than lost profits). In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and explaining in reasonable detail the method by which such amount or amounts shall have been determined shall be delivered to Level 3 the Company and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar SOFR Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar SOFR Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar SOFR Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower Representative pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower(s) shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit. In the case of a Eurodollar SOFR Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate SOFR that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks banks; it being understood that such loss, cost or expense shall in the eurodollar marketany case exclude any interest rate floor and all administrative, processing or similar fees. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined shall be delivered to Level 3 the Borrower Representative and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower(s) shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof. Notwithstanding the foregoing, it is acknowledged and agreed that (i) no amounts shall become payable under this Section 2.16 as a result of the incurrence of the Initial Euro Term Loans, the prepayment of the Original Term Loans contemplated by the First Amendment or any of the transactions otherwise contemplated by the First Amendment, (ii) any amounts payable under this Section 2.16 in connection with the issuance of the 2017 Replacement Term Loans and the transactions contemplated by the Second Amendment shall be subject to the terms and conditions of the Second Amendment and (iii) any amounts payable under this Section 2.16 in connection with the issuance of the 2021 Replacement Term Loans and the transactions contemplated by the Third Amendment shall be subject to the terms and conditions of the Third Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Break Funding Payments. In the event of (a) any the payment or prepayment (voluntary or otherwise) of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), or (b) the failure to borrow or prepay any Eurodollar LIBOR Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender the Bank for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender the Bank to be the excess, if any, of (ix) the amount of interest that would have accrued on the principal amount of such LIBOR Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such LIBOR Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, borrow for the period that would have been the Interest Period for such Loan), over (iiy) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender that the Bank would bid were it to bid, at the commencement of such period, for dollar deposits in dollars of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender the Bank setting forth any amount or amounts that such Lender the Bank is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the Bank the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Highland Floating Rate Advantage Fund), Credit Agreement (First Trust/Four Corners Senior Floating Rate Income Fund)
Break Funding Payments. In The Borrower shall compensate each Lender for the event loss, cost and expense attributable to any of the following (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event5.04. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Diversified Energy Co PLC), Senior Secured Revolving Credit Agreement (Swift Energy Co)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan Loans other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of Eurodollar Loans other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow or prepay any Eurodollar Loan Loans on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan Loans other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.14(b), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Eurodollar Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Eurodollar Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Eurodollar Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which that such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 2 contracts
Samples: Secured Term Loan Agreement (H&f Investors Iv LLC), Secured Term Loan Agreement (Silver Lake Investors Lp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.15, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.12 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten days after receipt thereof.
Appears in 2 contracts
Samples: Term Loan Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)
Break Funding Payments. In the event of (ai) any the payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (bii) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (iii) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (civ) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any 58 Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days Business Days after receipt thereof.
Appears in 2 contracts
Samples: Credit Agreement (Velocita Corp), Credit Agreement (Velocita Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of a Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 Borrower pursuant to Section 2.133.12 hereof, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the reasonable loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not equal to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Eurodollar Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Eurodollar Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Eurodollar Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Samples: Assignment and Assumption (Hines Global REIT, Inc.)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar LIBO Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar LIBO Rate Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar LIBO Rate Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Company shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar LIBO Rate Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), ) over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar Eurodollar market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A Any Lender requesting compensation under this Section 2.16 shall be required to deliver a certificate of any Lender to the Company (i) setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered Section, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (ii) certifying that such Lender is generally charging the relevant amounts to Level 3 and similarly situated borrowers, which certificate shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Company shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount equal to the excess, as reasonably determined by such Lender to be the excess, if anyLender, of (i) the amount its cost of interest that would have accrued on the principal amount of such Loan had such event not occurred at obtaining funds for the LIBO Rate Loan that is or would have been applicable to the subject of such Loan, breakage event for the period from the date of such breakage event to the last day of the then current Interest Period therefor in effect (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period in effect) for such Loan), LIBO Rate Loan over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which likely to be realized by such Lender would bid were it to bid, at in redeploying the commencement funds released or not utilized by reason of such breakage event for such period, for dollar deposits but such loss shall not, in any event, include any lost profit or loss of a comparable amount and period from other banks in the eurodollar marketapplicable margin. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Jupitermedia Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan, Fixed Rate Loan, or, unless otherwise agreed to by the Company and the applicable Lender with respect to a Negotiated Rate Loan, a Negotiated Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Revolving Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.09(b) and is revoked in accordance therewith), (d) the failure to borrow any Competitive Loan after accepting the Competitive Bid to make such Loan, or (ce) the assignment of any Eurodollar Eurocurrency Loan, Fixed Rate Loan or, unless otherwise agreed to by the Company and the applicable Lender with respect to a Negotiated Rate Loan, Negotiated Rate Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Company shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to may include an amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day incurred by reason of the then current Interest Period therefor (orliquidation or reemployment of funds, in the case but excluding loss of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar marketanticipated profits. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Company and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Company shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Fortune Brands Inc
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Term SOFR Loan, Term CXXXX Loan or Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Term SOFR Loan, Term CXXXX Loan or Eurocurrency Loan to a Loan of a different Type or Interest Period other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow, convert, continue or prepay any Loan on the date specified in any notice delivered pursuant hereto (regardless of whether such notice may be revoked under Section 2.08(c) or Section 2.10(c) and is revoked in accordance therewith), or (d) the assignment or deemed assignment of any Term SOFR Loan, Term CXXXX Loan or Eurocurrency Loan or the right to receive payment in respect of a B/A other than on the last day of the Interest Period or Contract Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.13, 2.18 then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower shall compensate each Lender for the out-of-pocket loss, cost and expense actually incurred and attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including event but excluding loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar marketanticipated profits. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section Section, and setting forth in reasonable detail the calculations used by such Lender to determine such amount or amounts, shall be delivered to Level 3 the Administrative Agent (who shall promptly inform the applicable Borrower of the contents thereof) and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay the Administrative Agent for the account of such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan (excluding a Loan with a 7-day Interest Period) other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), ) or (b) the failure to borrow borrow, continue or prepay any Eurodollar Loan (excluding a Loan with a 7-day Interest Period) on the date specified in any notice delivered pursuant hereto, or hereto (c) the assignment regardless of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13whether such notice is revoked), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar such Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert borrow or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of ---------------------- any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.16, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, applicable Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section paragraph shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest errorprima facie evidence thereof. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of ---------------------- any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result thereto, (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.11(b) and is revoked in accordance therewith), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender the Bank for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and the Bank shall be deemed to include an amount determined by such Lender the Bank to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate (in the case of a Eurodollar Loan) that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender the Bank would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender the Bank setting forth any amount or amounts that such Lender the Bank is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the Bank the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the ---------------------- payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Security Agreement (Leap Wireless International Inc)
Break Funding Payments. In the event of (a) any the payment or prepayment (voluntary or otherwise) of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar LIBOR Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 to an ABR Loan pursuant to Section 2.133.5, Section 3.6, or Section 8.2, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (ix) the amount of interest that would have accrued on the principal amount of such LIBOR Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such LIBOR Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (iiy) the amount of interest which that would accrue on such principal amount for such period at the interest rate which that such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in dollars of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and the calculation thereof in reasonable detail shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (ai) any the payment of any principal of any Eurodollar the Loan other than on the last day of an Interest Period applicable thereto interest period (including as a result of an Event of a Default), (bii) the conversion of the Loan other than on the last day of the interest period, or (iii) the failure to borrow or prepay any Eurodollar principal of the Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such eventevent (collectively, the “Breakage Fee”). In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (iA) the amount of interest that which would have accrued on the principal amount of such the Loan had such event not occurred occurred, at the LIBO Interest Rate that is or would have been applicable to such the Loan, for the period from the date of such event to the last day of the then current Interest Period therefor interest period (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period interest period for such principal of the Loan), over (iiB) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Benchmark market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, Borrower shall pay such Lender the amount shown as due on any such certificate applicable Breakage Fee within 10 days ten (10) Business Days after receipt thereofof Xxxxxx’s written request.
Appears in 1 contract
Samples: Term Loan Agreement (Strategic Student & Senior Housing Trust, Inc.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result thereto, or (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.09(c) and is revoked in accordance therewith), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each the Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any the Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such the Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Eurodollar Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Eurodollar Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Eurodollar Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such the Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any the Lender setting forth any amount or amounts that such the Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such the Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result thereto, or (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.11(b) and is revoked in accordance therewith), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive 84 absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, HOU:3135549.8 in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.)
Break Funding Payments. In The Borrower shall compensate each Lender for the event loss, cost and expense attributable to any of the following (a) any the payment of any principal of any Eurodollar Term SOFR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Term SOFR Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Term SOFR Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Term SOFR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event5.04. In the case of a Eurodollar Term SOFR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate Adjusted Term SOFR that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Samples: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)
Break Funding Payments. In the event of (a) the failure by the Borrower to borrow, continue or prepay the Term Loan on the date specified in any payment notice delivered by the Borrower pursuant hereto, or (b) any payment, prepayment or repayment of any principal of any Eurodollar on the Loan being made other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender Investor for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and an Investor shall be deemed to include be an amount determined by such Lender Investor to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such the Term Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such the Term Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such the Term Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at and the interest rate which such Lender Investor would bid were it to bid, at the commencement of such period, for dollar U.S. Dollar deposits of a comparable amount and period from other banks in the eurodollar euro dollar market. A certificate of any Lender the applicable Investor setting forth any amount or amounts that such Lender Investor is entitled to receive pursuant to this Section 2.11 shall be delivered to Level 3 the Borrower by such Investor and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender Investor the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of ---------------------- any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13------- 2.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the ---- loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow borrow, continue or prepay any Eurodollar Revolving Loan or Term Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.09(e) and is revoked in accordance therewith), or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.16, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of the present value of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted EURIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert borrow or continue, for the period that would have been the Interest Period for such Loan), over LESS (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar euro deposits of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 a Borrower pursuant to Section 2.132.15, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in Dollars of a comparable amount and period from other banks in the eurodollar Eurodollar or other relevant market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest errorprima facie evidence of the amounts thereof. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Loan Agreement (Celanese Ag)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar SOFR Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar SOFR Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar SOFR Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar SOFR Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate Adjusted Term SOFR that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar Eurodollar market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A certificate of any Lender (i) setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.16, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (ii) certifying that such Lender is generally charging the relevant amounts to similarly situated borrowers shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 thirty (30) days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.20, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount equal to the excess, as reasonably determined by such Lender to be the excess, if anyLender, of (i) the amount its cost of interest that would have accrued on the principal amount of such Loan had such event not occurred at obtaining funds for the LIBO Rate Loan that is or would have been applicable to the subject of such Loan, breakage event for the period from the date of such breakage event to the last day of the then current Interest Period therefor in effect (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period in effect) for such Loan), LIBO Rate Loan over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which likely to be realized by such Lender would bid were it to bid, at in redeploying the commencement funds released or not utilized by reason of such breakage event for such period, for dollar deposits but such loss shall not, in any event, include any lost profit or loss of a comparable amount and period from other banks in the eurodollar marketapplicable margin. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Jupitermedia Corp)
Break Funding Payments. In the event of (a) the failure by the Borrower to borrow, convert, continue or prepay any Loan on the date specified in any notice delivered by the Borrower pursuant hereto or (b) the payment or conversion of any principal of any Eurodollar B/A Borrowing or LIBO Rate Loan other than on the last day of an a Contract Period or Interest Period Period, as applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the direct loss, cost and expense attributable to such event. In the case of a Eurodollar LIBO Rate Loan, such direct loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at and the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar U.S. Dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.14 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Dana Corp)
Break Funding Payments. In the event of (a) any the payment of ----------------------- any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or hereto (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate ---- each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Franklin Electronic Publishers Inc)
Break Funding Payments. In The Borrower shall compensate each Lender for the event loss, cost and expense attributable to any of the following (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event5.05. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Goodrich Petroleum Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over minus (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount equal to the excess, as reasonably determined by such Lender to be the excess, if anyLender, of (i) its cost of obtaining funds for the amount of interest Eurodollar Loan that would have accrued on is the principal amount subject of such Loan had such breakage event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such breakage event to the last day of the then current Interest Period therefor in effect (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period in effect) for such Loan), Eurodollar Loan over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which likely to be realized by such Lender would bid were it to bid, at in redeploying the commencement funds released or not utilized by reason of such breakage event for such period, for dollar deposits but such loss shall not, in any event, include any lost profit or loss of a comparable amount and period from other banks in the eurodollar marketapplicable margin. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Jupitermedia Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.01(d) shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Teton Energy Corp)
Break Funding Payments. In the event of (ai) any the payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (bii) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (iii) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (civ) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days Business Days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any dollar denominated Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under SECTION 2.08(b) and is revoked in accordance therewith), or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13SECTION 2.16, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such eventevent in the Currency in which the affected Loan is denominated. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.to
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrowers pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted One Month LIBOR Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrowers pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurodollar Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which that such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in Dollars of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.15 shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Global Infrastructure Investors III, LLC)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender Bank for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and Bank shall be deemed to include an amount determined by such Lender Bank to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender Bank would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender Bank setting forth any amount or amounts that such Lender Bank is entitled to receive pursuant to this Section shall be delivered to Level 3 the applicable Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The applicable Borrower shall pay such Lender Bank the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the ----------------------- payment of any principal of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar LIBOR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.15, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar LIBOR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Advanced Radio Telecom Corp
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Revolving Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Parent pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate certifi¬cate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section Section, demonstrating in reasonable detail the calculation of the amounts, shall be delivered to Level 3 the Parent and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 ten days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 Level 3 and the Borrower, as applicable, shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Qwest Corp)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Revolving Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Parent pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Adjusted Eurocurrency Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section Section, demonstrating in reasonable detail the calculation of the amounts, shall be delivered to Level 3 the Parent and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 ten days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an the Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert or prepay continue any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 EnergySolutions pursuant to Section 2.132.20, then, in any such event, Xxxxx 0 and the Borrower, as applicable, EnergySolutions shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such LoanLoan (but not including the Applicable Margin applicable thereto), for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar U.S. Dollar deposits of a comparable amount and period from other banks in the eurodollar London interbank market. A certificate of any Lender delivered to EnergySolutions and setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 and 2.14 shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, EnergySolutions shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.09), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result thereto, or (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto (regardless of a request by Level 3 pursuant to whether such notice may be revoked under Section 2.132.07(c) and is revoked in accordance therewith), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each the Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any the Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such the Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Eurodollar Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Eurodollar Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Eurodollar Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such the Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any the Lender setting forth any amount or amounts that such the Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such the Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Neogen Corp)
Break Funding Payments. In the event of (a) any the payment of any principal Principal Amount of any Eurodollar SOFR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the continuation of any SOFR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar SOFR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13the Borrower, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender or each Issuing Bank for the loss, cost and expense attributable to such event. In the case of a Eurodollar SOFR Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount Principal Amount of such Loan had such event not occurred occurred, at Adjusted Term SOFR (in the LIBO Rate case of a SOFR Loan) that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert borrow or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount Principal Amount for such period at the interest rate which such Lender would bid were it to bid, Adjusted Term SOFR at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any such Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and the basis for such compensation shall be delivered to Level 3 the Borrower and the Administrative Agent and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 thirty (30) days after receipt thereof. Notwithstanding anything to the contrary contained herein, no Lender shall be entitled to receive any amount or amounts pursuant to this Section if such amount or amounts are attributable solely to the merger or other consolidation of such Lender with another Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Western Midstream Partners, LP)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto or on the Maturity Date (including as a result of an Event of Default), (b) the conversion of any Loan other than the last day of the Interest Period applicable thereto, (c) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.10(b) and is revoked in accordance therewith), or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, borrow for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar Euro deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and explaining in reasonable detail the method by which such amount or amounts shall have been determined shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar EurodollarSOFR Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any EurodollarSOFR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar EurodollarSOFR Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate RateTerm SOFR that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollarinterbank market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section Section, demonstrating in reasonable detail the calculation of the amounts, shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan, Fixed Rate Loan, or, unless otherwise agreed to by the Company and the applicable Lender with respect to a Negotiated Rate Loan, a Negotiated Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Revolving Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.09(b) and is revoked in accordance therewith), (d) the failure to borrow any Competitive Loan after accepting the Competitive Bid to make such Loan, or (ce) the assignment of any Eurodollar Eurocurrency Loan, Fixed Rate Loan or, unless otherwise agreed to by the Company and the applicable Lender with respect to a Negotiated Rate Loan, Negotiated Rate Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.132.17, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Company shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Eurocurrency Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to may include an amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day incurred by reason of the then current Interest Period therefor (orliquidation or reemployment of funds, in the case but excluding loss of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar marketanticipated profits. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.14 shall be delivered to Level 3 the Company and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Company shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
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Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrowers pursuant to Section 2.132.16, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any applicable Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and containing a reasonably detailed calculation thereof shall be delivered to Level 3 the Borrowers and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrowers shall pay such Lender the amount shown as due on any such certificate within 10 days ten (10) Business Days after receipt thereof.
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Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of DefaultDefault or as a result of any prepayment pursuant to Section 2.11), (b) the conversion of any Eurocurrency Loan other than on the last day of the Interest Period applicable 37 thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto (regardless of whether such notice may be revoked under Section 2.11(a) and is revoked in accordance therewith) or (cd) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the relevant currency of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section together with reasonably detailed calculations thereof shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Samples: Credit Agreement (Blackboard Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.10 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten days after receipt thereof.
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Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.07(b) and is revoked in accordance therewith), or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.15, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such eventevent (excluding loss of profits). In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender to be the excess, if any, of by which (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate Rate, as applicable, that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over exceeds (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar Dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 sixty (60) days after receipt thereof.. Failure or delay on the part of any Lender to demand compensation pursuant to this Section 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 amount incurred more than sixty (60) days prior to the date that such Lender notifies the Borrower of such Lender’s claim for compensation therefor. Section 2.13
Appears in 1 contract
Samples: Bridge Loan Agreement (Millicom International Cellular Sa)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Eurodollar Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continuecontinue a Eurodollar Loan, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which that such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in Dollars of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.15 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Assignment and Assumption (Summit Midstream Partners, LP)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into a Prime Rate Loan other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 pursuant to Section 2.13, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO LIBOR Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 9.2 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Iv Term Loan Agreement (Global Geophysical Services Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, hereto or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest which would have accrued at the Adjusted LIBO Rate that would have accrued been applicable to such Loan on the principal amount of such Loan had such event not occurred at the LIBO Rate that is or would have been applicable to such Loanoccurred, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Corn Products International Inc)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Eurocurrency Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Eurocurrency Loan on the date specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar Eurocurrency Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.14, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan)therefor, over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in Dollars of a comparable amount and period from other banks in the eurodollar eurocurrency market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of If (a) any payment of any principal of any Eurodollar Loan is repaid on a day other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) any Eurodollar Loan is converted on a day other than the failure last day of an Interest Period applicable thereto, (c) the Borrower fails to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan is assigned on a day other than on the last day of the an Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.18, then, in any such event, Xxxxx 0 and then the Borrower, as applicable, Borrower shall compensate each Lender for the its loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or and expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day end of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period Interest Period that would have been begun on the Interest Period for date of such Loanfailure), over (ii) the amount of interest which that would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement beginning of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 days after receipt thereof.
Appears in 1 contract
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the failure to borrow or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant heretohereto (regardless of whether such notice may be revoked under Section 2.07(b) and is revoked in accordance therewith), or (c) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.132.15, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such eventevent (excluding loss of profits). In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount determined by such Lender to be the excess, if any, of by which (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the Adjusted LIBO Rate Rate, as applicable, that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over exceeds (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar Dollar deposits of a comparable amount and period from other banks in the eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 sixty (60) days after receipt thereof.. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Xxxxxx’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any amount incurred more than sixty (60) days prior to the date that such Lender notifies the Borrower of such Xxxxxx’s claim for compensation therefor. Section 2.13
Appears in 1 contract
Samples: Bridge Loan Agreement (Millicom International Cellular Sa)
Break Funding Payments. In the event of (a) any payment the conversion or prepayment of any principal of any Eurodollar LIBO Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result whether voluntary, mandatory, automatic, by reason of an Event of Defaultacceleration or otherwise), (b) the failure to borrow borrow, convert, continue or prepay any Eurodollar LIBO Rate Loan on the date or in the amount specified in any notice delivered pursuant hereto, hereto or (c) the assignment of any Eurodollar LIBO Rate Loan of any Lender other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Company pursuant to Section 2.13Section 2.19, then, in any such event, Xxxxx 0 and the Borrower, as applicable, Company shall compensate each Lender for the loss, cost and expense incurred by such Lender that is attributable to such eventevent (other than loss of profit). In the case of a Eurodollar LIBO Rate Loan, such the loss, cost or expense to of any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an the amount reasonably determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), ) over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits in the applicable currency of a comparable amount and period from other banks in the eurodollar Eurodollar market; it being understood that such loss, cost or expense shall in any case exclude any interest rate floor and all administrative, processing or similar fees. A Any Lender requesting compensation under this Section 2.16 shall be required to deliver a certificate of any Lender to the Company (i) setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered Section, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (ii) certifying that such Lender is generally charging the relevant amounts to Level 3 and similarly situated borrowers, which certificate shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Company shall pay such Lender the amount shown as due on any such certificate within 10 30 days after receipt thereof.
Appears in 1 contract
Samples: First Lien Credit Agreement (Victoria's Secret & Co.)
Break Funding Payments. In the event of (a) any the payment of any principal of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan into an ABR Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow borrow, convert, continue or prepay any Eurodollar Loan on the date specified in any notice delivered pursuant hereto, or (cd) the assignment of any Eurodollar Loan other than on the last day of the Interest Period applicable thereto as a result of a request by Level 3 the Borrower pursuant to Section 2.135.04(b), then, in any such event, Xxxxx 0 and the Borrower, as applicable, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such Such loss, cost or expense to any Lender shall be deemed not to include any lost profit (including loss of Applicable Margin) and shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest that which would have accrued on the principal amount of such Loan had such event not occurred occurred, at the LIBO Rate that is or would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the eurodollar Eurodollar market. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section 5.02 shall be delivered to Level 3 the Borrower and shall be conclusive absent manifest error. Level 3 or the Borrower, as applicable, The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 ten (10) days after receipt thereof.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Exterran Holdings Inc.)