Common use of Breakage Costs, Failure to Borrow or Repay After Notice Clause in Contracts

Breakage Costs, Failure to Borrow or Repay After Notice. The Borrower shall indemnify each Lender against any loss or expense (including any loss or expense arising from interest or fees payable by such Lender to lenders of funds obtained by it in order to make or maintain any Advance and any loss or expense incurred in liquidating or re-employing deposits from which such funds were obtained) which such Lender may sustain or incur as a consequence of any: (a) default by the Borrower in the payment when due of the amount of or interest on any Loan Obligations or in the payment when due of any other amount hereunder, (b) default by the Borrower in obtaining an Advance after the Borrower has given notice hereunder that it desires to obtain such Advance, (c) default by the Borrower in making any voluntary reduction of the outstanding amount of any Loan Obligations after the Borrower has given notice hereunder that it desires to make such reduction, and (d) payment of any Bankers’ Acceptance or Tranche A CDOR Advance otherwise than on the maturity date thereof (including without limitation any such payment required pursuant to Section 8.1 or upon acceleration pursuant to Section 14.2). A certificate of the Agent or the Finnvera Facility Agent, as applicable providing reasonable particulars of the calculation of any such loss or expense shall be conclusive and binding in the absence of manifest error. If any Lender becomes entitled to claim any amount pursuant to this Section 7.4, it shall promptly notify the Borrower, through the Agent or the Finnvera Facility Agent, as applicable, of the event by reason of

Breakage Costs, Failure to Borrow or Repay After Notice. The Borrower shall indemnify each Lender against any loss or expense (including any loss or expense arising from interest or fees payable by such Lender to lenders of funds obtained by it in order to make or maintain any Advance and any loss or expense incurred in liquidating or re-employing deposits from which such funds were obtained) which such Lender may sustain or incur as a consequence of any: (a) default by the Borrower in giving a timely Notice of Borrowing, (b) default by the Borrower in making payment when due of the amount of of, or interest on on, any Loan Obligations Advance or in the payment when due of any other amount hereunder, (bc) default by the Borrower in completing or obtaining an Advance after the Borrower has given notice hereunder that it desires to obtain such Advance, (cd) default by the Borrower in making any voluntary reduction of the outstanding amount of any Loan Obligations outstanding Advance after the Borrower has given notice hereunder that it desires to make such reduction, reduction and (de) the payment of any Bankers’ Acceptance or Tranche A CDOR Libor Advance otherwise than on the maturity date thereof (including without limitation any such payment required pursuant to Section 8.1 2.7 or upon acceleration pursuant to Section 14.215.2). A certificate of the Agent or the Finnvera Facility Agent, as applicable providing reasonable particulars of the calculation of any such loss or expense shall be conclusive and binding in the absence prima facie evidence of manifest errorsuch amount owed. If any Lender becomes entitled to claim any amount pursuant to this Section 7.46.4, it shall promptly notify the Borrower, through the Agent or the Finnvera Facility Agent, as applicable, of the event by reason ofof which it has become so entitled and reasonable particulars of the related loss or expense, provided that the failure to do so promptly shall not prejudice the Lenders’ right to claim hereunder.

Breakage Costs, Failure to Borrow or Repay After Notice. The Borrower shall indemnify each Lender against any loss or expense (including any loss or expense arising from interest or fees payable by such Lender to lenders of funds obtained by it in order to make or maintain any Advance and any loss or expense incurred in liquidating or re-employing deposits from which such funds were obtained) which such Lender may sustain or incur as a consequence of any: (a) default by the Borrower in giving a timely Notice of Borrowing, (b) default by the Borrower in making payment when due of the amount of of, or interest on on, any Loan Obligations Advance or in the payment when due of any other amount hereunder, (bc) default by the Borrower in completing or obtaining an Advance after the Borrower has given notice hereunder that it desires to obtain such Advance, (cd) default by the Borrower in making any voluntary reduction of the outstanding amount of any Loan Obligations outstanding Advance after the Borrower has given notice hereunder that it desires to make such reduction, reduction and (de) the payment of any Bankers’ Acceptance or Tranche A CDOR Libor Advance otherwise than on the maturity date thereof (including without limitation any such payment required pursuant to Section 8.1 2.6 or upon acceleration pursuant to Section 14.215.2); provided that, the Borrower shall not be required to indemnify a Lender for any such cost or expense if such cost or expense is sustained or incurred by such Lender while it is a Defaulting Lender. A certificate of the Agent or the Finnvera Facility Agent, as applicable providing reasonable particulars of the calculation of any such loss or expense shall be conclusive and binding in the absence prima facie evidence of manifest errorsuch amount owed. If any Lender becomes entitled to claim any amount pursuant to this Section 7.46.4, it shall promptly notify the Borrower, through the Agent or the Finnvera Facility Agent, as applicable, of the event by reason ofof which it has become so entitled and reasonable particulars of the related loss or expense, provided that the failure to do so promptly shall not prejudice the Lenders’ right to claim hereunder.