Common use of Break Funding Clause in Contracts

Break Funding. In the event of (a) the payment of any principal of any 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 or (c) the failure to borrow, convert, continue or prepay any LIBOR Loan on the date specified in any notice delivered pursuant hereto, then, in any such event, the Borrowers shall compensate the Lenders for the loss, cost and expense attributable to such event. In the case of a LIBOR Loan, such loss, cost or expense to any Lender 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 on the principal amount of such Loan had such event not occurred, at the LIBOR Basis that 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 such Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to the Borrower Representative and shall be conclusive absent manifest error. The Borrowers shall pay such Lender the amount shown as due on any such certificate within ten (10) days after receipt thereof.

Appears in 1 contract

Samples: Credit Agreement (Smith & Wesson Holding Corp)

AutoNDA by SimpleDocs

Break Funding. In the event of (a) the payment of any principal of any LIBOR Loan LIBO Rate Advance other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default)therefor, (b) the conversion of any LIBOR Loan LIBO Rate Advance to a Base Rate Advance other than on the last day of the an Interest Period applicable thereto therefor or (c) the failure to borrow, convert, continue or prepay any LIBOR Loan LIBO Rate Advance on the date specified in any notice delivered pursuant hereto, then, in any such event, the Borrowers Borrower shall compensate the Lenders Lender for the loss, cost and expense attributable to such event. In the case of a LIBOR Loan, such loss, cost or expense to any Lender which shall be deemed to include an amount determined by such the Lender to be equal to the excess, if any, of (i) the amount of interest which would have accrued on LIBO Rate for the principal amount balance of such Loan had such event not occurred, at Interest Period (or for the LIBOR Basis Interest Period that would have been applicable to commenced on such Loanborrowing, for the period from the date of such event to the last day of the then current Interest Period therefor (orconversion, in the case of a failure to borrow, convert continuation or continue, for the period that would have been the Interest Period for such Loanprepayment), over (ii) the amount of interest which that the Lender would accrue earn on such principal amount for the balance of such Interest Period (or for such Interest Period) if the Lender were to invest such principal amount for such period at the interest rate which such that would be bid by the Lender would bid were it to bid, (or an Affiliate of the Lender) for Dollar deposits from other banks in the London interbank market 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 such the Lender setting forth any amount or amounts that such the Lender is entitled to receive pursuant to this Section 2.10 shall be delivered to the Borrower Representative and shall be conclusive absent and binding on the Borrower in the absence of manifest error. The Borrowers Borrower shall pay such the Lender the amount shown as due on any such certificate within ten (10) 10 days after receipt thereof.

Appears in 1 contract

Samples: Credit Agreement (Firstmerit Corp /Oh/)

Break Funding. In the event of (a) the payment of any principal of any LIBOR Loan a Eurodollar Borrowing 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 Eurodollar Borrowing other than on the last day of the Interest Period applicable thereto thereto, or (c) the failure to borrow, convert, continue or prepay any LIBOR Loan Eurodollar Borrowing on the date specified in any notice delivered pursuant hereto, then, in any such event, the Borrowers Borrower shall compensate the Lenders for the loss, cost and expense attributable to such event. In the case of a LIBOR Loan, such Such loss, cost or expense to any Lender shall be deemed to include an amount determined by such the Funding Lender to be the excess, if any, of (i) the amount of interest which would have accrued on the principal amount of such Eurodollar Loan had such event not occurred, at the LIBOR Basis Adjusted LIBO Rate that 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 Loanthe Borrowing), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such the Funding 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 such the Funding Lender setting forth any amount or amounts that such Lender the Holder is entitled to receive pursuant to this Section shall be delivered to the Borrower Representative and shall be conclusive absent manifest error. The Borrowers Borrower shall pay such Lender the Holder the amount shown as due on any such certificate within ten twenty (1020) days after receipt thereof.

Appears in 1 contract

Samples: Project Note

AutoNDA by SimpleDocs

Break Funding. In the event of (a) the payment of any principal of any LIBOR Loan LIBO Rate Advance other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default)therefore, (b) the conversion of any LIBOR Loan LIBO Rate Advance to a Base Rate Advance other than on the last day of the an Interest Period applicable thereto therefore or (c) the failure to borrow, convert, continue or prepay any LIBOR Loan LIBO Rate Advance on the date specified in any notice delivered pursuant hereto, then, in any such event, the Borrowers Borrower shall compensate the Lenders Lender for the loss, cost and expense attributable to such event. In the case of a LIBOR Loan, such loss, cost or expense to any Lender which shall be deemed to include an amount determined by such the Lender to be equal to the excess, if any, of (i) the amount of interest which would have accrued on LIBO Rate for the principal amount balance of such Loan had such event not occurred, at Interest Period (or for the LIBOR Basis Interest Period that would have been applicable to commenced on such Loanborrowing, for the period from the date of such event to the last day of the then current Interest Period therefor (orconversion, in the case of a failure to borrow, convert continuation or continue, for the period that would have been the Interest Period for such Loanprepayment), over (ii) the amount of interest which that the Lender would accrue earn on such principal amount for the balance of such Interest Period (or for such Interest Period) if the Lender were to invest such principal amount for such period at the interest rate which such that would be bid by the Lender would bid were it to bid, (or an Affiliate of the Lender) for Dollar deposits from other banks in the London interbank market 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 such the Lender setting forth any amount or amounts that such the Lender is entitled to receive pursuant to this Section 2.10 shall be delivered to the Borrower Representative and shall be conclusive absent and binding on the Borrower in the absence of manifest error. The Borrowers Borrower shall pay such the Lender the amount shown as due on any such certificate within ten (10) 10 days after receipt thereof.

Appears in 1 contract

Samples: Credit Agreement (Firstmerit Corp /Oh/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!