Breakage and other Costs. In the event that the Lender obtains an MBS Commitment and the Lender fails to fulfill the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance), the Borrower shall pay all reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment. The Lender reserves the right to require that the Borrower post a deposit at the time the MBS Commitment is obtained. The deposit referred to in the preceding sentence shall be refundable to the Borrower upon the delivery of the related MBS.
Breakage and other Costs. In the event that the Lender obtains an MBS Commitment and the Lender fails to fulfill the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance or the failure of the purchaser of the MBS to purchase such MBS), the Borrower shall pay all breakage and other costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment. The Lender reserves the right to require that the Borrower post a deposit at the time the MBS Commitment is obtained.
Breakage and other Costs. Within 5 Business Days of demand made by any Lender to the Borrower (with a copy to the Administrative Agent) from time to time, the Borrower shall compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:
(a) any continuation, conversion, payment or prepayment (including any deemed payment or repayment and any reallocated repayment to Non-Defaulting Lenders provided for in Section 2.12(a) or Section 2.16) of any Eurodollar Advance on a day other than the last day of the Interest Period for such Advance (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise);
(b) any failure by the Borrower (for a reason other than the failure of such Lender to make an Advance) to prepay, borrow, continue or convert any Eurodollar Advance on the date or in the amount notified by the Borrower;
(c) any payment by the Borrower of reimbursement drawings under any Foreign Currency L/C in a currency other than such Foreign Currency; or
(d) any assignment of an Eurodollar Advance on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 2.14; including any loss of anticipated profits, any foreign exchange losses and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Advance, from fees payable to terminate the deposits from which such funds were obtained or from the performance of any foreign exchange contract. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 2.10, the requesting Lender shall be deemed to have funded the Eurodollar Advances made by it at the Eurodollar Base Rate used in determining the Eurodollar Rate for such Advance by a matching deposit or other borrowing in the offshore interbank market for Dollars for a comparable amount and for a comparable period, whether or not such Eurodollar Advance was in fact so funded. Notice of any Lender (including delivered by the Administrative Agent on behalf of any Lender providing such notice to the Administrative Agent) setting forth in reasonable detail any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.10 shall be delivered to Borrower and shall be conclusive and binding absent manifest error.
Breakage and other Costs. If Lender obtains, and then fails to fulfill, the MBS Commitment or Xxxxxx Mae Commitment because the conversion does not occur (for a reason other than Lender’s default), Borrower shall pay all reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by Lender in connection with its failure to fulfill the MBS Commitment or Xxxxxx Xxx Commitment. Lender reserves the right to require Borrower to post a deposit at the time the MBS Commitment or Xxxxxx Mae Commitment is obtained. Such deposit shall be refundable to Borrower upon the delivery of the MBS or the closing of the conversion.
Breakage and other Costs. If Lender obtains, and then fails to fulfill, the DMBS Commitment or Xxxxxx Mae Commitment because the Advance is not made (for a reason other than Lender’s default), Borrower shall pay all reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by Lender in connection with its failure to fulfill the DMBS Commitment or Xxxxxx Mae Commitment. Lender reserves the right to require Borrower to post a deposit at the time the DMBS Commitment or Xxxxxx Xxx Commitment is obtained. Such deposit shall be refundable to Borrower upon the delivery of the related DMBS or the purchase of the Advance for cash by Xxxxxx Mae.
Breakage and other Costs. In the event that the Lender obtains an MBS Commitment and the Lender fails to fulfill the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance), the Borrower shall pay all breakage and other costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment.
Breakage and other Costs. If Lender obtains, and then fails to fulfill, the MBS Commitment because the Advance is not made (for a reason other than Lender's default), Borrower shall pay all reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by Lender in connection with its failure to fulfill the MBS Commitment. Lender reserves the right to require Borrower to post a deposit at the time the MBS Commitment is obtained. Such deposit shall be refundable to Borrower upon the delivery of the related MBS.
Breakage and other Costs. If Servicer obtains, and then fails to fulfill, a Xxxxxx Xxx Commitment because the Loan is not made (for a reason other than Servicer’s or Xxxxxx Mae’s default), the applicable Collateral Pool Borrower shall pay all reasonable out-of-pocket costs (including attorneys’ fees and costs), fees and damages incurred by Servicer or Xxxxxx Xxx in connection with its failure to fulfill the Xxxxxx Mae Commitment. Xxxxxx Xxx reserves the right to require the applicable Collateral Pool Borrower to post a deposit at the time the Xxxxxx Mae Commitment is obtained. Such deposit shall be refunded to the applicable Collateral Pool Borrower upon the closing of the applicable Request.
Breakage and other Costs. If Lender obtains, and then fails to fulfill the Funding Commitment because the Advance is not made (or the Conversion does not occur, as applicable) (for a reason other than Lender’s default unless Lender’s default results from or is on account of a default by Borrower), Borrower shall pay all reasonable third party, out-of-pocket costs payable to the potential investor and other reasonable costs, fees and actual damages incurred by Lender in connection with such failure to fulfill the Funding Commitment. Lender reserves the right to require Borrower to post a deposit at the time the Funding Commitment is obtained. Such deposit shall be refunded to Borrower upon the settlement of the related MBS or purchase of the Note by Xxxxxx Xxx, as applicable. For any Funding Commitment entered into after the Initial Closing Date, Borrower’s obligations under the Funding Commitment shall be secured by each Mortgaged Property.
Breakage and other Costs. If Lender obtains, and then fails to fulfill, an MBS Commitment or a Xxxxxx Mae Commitment because the Advance is not made (for a reason other than Lender's default), Borrower shall pay all reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by Lender in connection with its failure to fulfill an MBS Commitment or a Xxxxxx Xxx Commitment.
