Common use of Breakage Costs Clause in Contracts

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.11, the Borrowers shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Rate Loans to the Borrowers but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.12, (ii) if for any reason any Eurocurrency Rate Loan or BA Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), or (iv) as a consequence of any failure by the Borrowers to repay Eurocurrency Rate Loans or BA Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Oxford Automotive Inc), Credit Agreement (Oxford Automotive Inc)

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Breakage Costs. In addition to all amounts required to be paid by the Borrowers any Borrower pursuant to Section 2.112.10 (Interest), the Borrowers each Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers such Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers such Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (d) above or (iv) as a consequence of any failure by the Borrowers such Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Company concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Suntek Corp), Credit Agreement (Suntron Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10 (Interest), the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including (x) as a result of any conversion into a Base Rate Loan or (y) mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.14(d) (Illegality), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Technical Olympic Usa Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.10, the Borrowers each Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers such Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason (other than under Section 2.14(b)) a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers such Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers applicable Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Nitrogen Co L P /De)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.13, the Borrowers shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency ’s Eurodollar Rate Loans or BA Rate Loans Loan to the Borrowers Borrowers, but excluding any loss of the Applicable Margin or other profit on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into Borrowing or continuation of Eurocurrency of, or conversion into, Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.14, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) by reason of an increase or a reduction in Commitments on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d)clause (d) above, or (iv) as a consequence of any failure by the Borrowers to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof, or (v) as a consequence of the assignment of any Eurodollar Rate Loan other than on the last day of an Interest Period therefor as a result of a request by the Borrowers pursuant to Section 2.20 or Section 11.1(c). The Lender making demand for such compensation shall deliver to the Borrowers concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.11 (Interest), the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.12 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.10 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (d) above or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Hayes Lemmerz International Inc), Credit Agreement (Hli Operating Co Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.9, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.10, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10(x) as a result of any conversion into a Base Rate Loan on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.13(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.9, the Borrowers shall compensate each Lender, upon demanddemand made to the Administrative Borrower, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA ’s Eurodollar Rate Loans to the Borrowers but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Administrative Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.10, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) repaid or converted into a Base Rate Loan on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.13(d), or (iv) as a consequence of any failure by the Borrowers to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Administrative Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tousa Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.11SECTION 2.10, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.12SECTION 2.11, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10SECTION 2.9) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(dSECTION 2.14(B), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities (which statement shall show in reasonable detail the factual basis for and the computation of such losses, expenses and liabilities), and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Paragon Trade Brands Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or a Borrowing, a conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.2 or Section 2.15, as applicable, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily any mandatory prepayment made pursuant to Section 2.102.8) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), 2.16(d) or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Classic Cable Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.11SECTION 2.8, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.12SECTION 2.9, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10SECTION 2.7) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(dSECTION 2.12(D), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Paxson Communications Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency ’s LIBO Rate Loans or BA Rate Loans (including Euro Loans) to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency LIBO Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or for a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11, (ii) if for any reason any Eurocurrency Rate Loan or BA LIBO Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 or Section 2.14(d)) or any LIBO Rate Dollar Loan is converted pursuant to Section 2.11 into a Base Rate Loan on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency LIBO Rate Dollar Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA LIBO Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement certificate as to such losses, expenses and liabilities, setting forth in reasonable detail the basis of the calculation of such losses, expenses and liabilities and this statement certificate shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Merisant Worldwide, Inc.)

Breakage Costs. In addition to all amounts -------------- required to be paid by the Borrowers pursuant to Section 2.112.04, the Borrowers ------------ shall compensate each Revolving Loan Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Revolving Loan Lender to fund or maintain such Revolving Loan Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers but excluding any loss of the Applicable Margin on the relevant LoansBorrowers) which that such Revolving Loan Lender may sustain (i) if for any reason a proposed Borrowingborrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Administrative Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.09, (ii) ------------ if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.05) on a date which that is not the last day of the ------------ applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Reference Rate Loan as a result of any of the events indicated in Section 2.15(d), 2.10(b) or (d) or (iv) as a consequence of any --------------- --- failure by the Borrowers to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Revolving Loan Lender making demand for such compensation shall deliver to the Borrowers Administrative Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Revolving Loan Lender, absent manifest error.

Appears in 1 contract

Samples: Financing Agreement (Solutia Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10 (Interest), the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11(a) (Conversion and Continuation Options), (ii) if for any reason any Eurocurrency Eurodollar Rate Loan or BA Rate NATIONAL STEEL CORPORATION CREDIT AGREEMENT Loan is prepaid (including mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (b) or (d) above or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.11 (Interest), the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Revolving Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.12(a) (Conversion and Continuation Options), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (b) or (d) above or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

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Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.8, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA ’s Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on NY 72168370v12 a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.9, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.7 or Section 2.9) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.12(d), or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Entire Agreement (Greenville Tube CO)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency LIBO Rate Loans or BA Rate Loans (including Euro Loans) to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency LIBO Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.10(d), (ii) if for any reason any Eurocurrency Rate Loan or BA LIBO Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 or Section 2.14(d)) or any LIBO Rate Dollar Loan is converted pursuant to Section 2.11 into a Base Rate Loan on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency LIBO Rate Dollar Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA LIBO Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement certificate as to such losses, expenses and liabilities, setting forth in reasonable detail the basis of the calculation of such losses, expenses and liabilities and this statement certificate shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Merisant Foreign Holdings I Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10 (Interest) , the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (d) or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, SECOND AMENDED AND RESTATED CREDIT AGREEMENT AVIALL SERVICES, INC. expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Aviall Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.9, the Borrowers shall compensate each Lender, upon demanddemand made to the Administrative Borrower, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA ’s Eurodollar Rate Loans to the Borrowers but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Administrative Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.10, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) as a result of any conversion into a Base Rate Loan on a date which is not the last day of the applicable Interest Period), (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.13(d), or (iv) as a consequence of any failure by the Borrowers to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Administrative Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.10, the Borrowers each Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA ’s Eurodollar Rate Loans to the Borrowers such Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may sustain (i) if for any reason (other than under Section 2.14(b)) a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers such Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9) on a date which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers applicable Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Terra Industries Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.112.8, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers but excluding any loss of the Applicable Margin on the relevant Loans) which that Lender may actually sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers a Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.9, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.7) on a date which is not the last day of the applicable Interest Period, or (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), or (iv2.12(d) as a consequence of any failure by the Borrowers to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive presumed to be correct as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Paracelsus Healthcare Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10 (Interest) , the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA Eurodollar Rate Loans to the Borrowers Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (d) above or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Aviall Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.112.10, the Borrowers Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency ’s Eurodollar Rate Loans or BA Rate Loans Loan to the Borrowers Borrower, but excluding any loss of the Applicable Margin or other profit on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into Borrowing or continuation of Eurocurrency of, or conversion into, Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11, (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.10) by reason of an increase or a reduction in Commitments on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d)clause (d) above, or (iv) as a consequence of any failure by the Borrowers Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof, or (v) as a consequence of the assignment of any Eurodollar Rate Loan other than on the last day of an Interest Period therefor as a result of a request by the Borrower pursuant to Section 2.17 or Section 11.1(c). The Lender making demand for such compensation shall deliver to the Borrowers Borrower concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (McDermott International Inc)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers any Borrower pursuant to Section 2.112.10 (Interest), the Borrowers each Borrower shall compensate each Lender, upon demand, for all losses, expenses and liabilities (including any loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Lender's Eurocurrency Rate Loans or BA ’s Eurodollar Rate Loans to the Borrowers such Borrower but excluding any loss of the Applicable Margin on the relevant Loans) which that such Lender may sustain (i) if for any reason a proposed Borrowing, conversion into or continuation of Eurocurrency Eurodollar Rate Loans does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion or Continuation given by the Borrowers such Borrower or in a telephonic request by it for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.122.11 (Conversion/Continuation Option), (ii) if for any reason any Eurocurrency Rate Loan or BA Eurodollar Rate Loan is prepaid (including mandatorily pursuant to Section 2.102.9 (Mandatory Prepayments)) on a date which that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurocurrency Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in Section 2.15(d), clause (d) above or (iv) as a consequence of any failure by the Borrowers such Borrower to repay Eurocurrency Rate Loans or BA Eurodollar Rate Loans when required by the terms hereof. The Lender making demand for such compensation shall deliver to the Borrowers Company concurrently with such demand a written statement as to such losses, expenses and liabilities, and this statement shall be conclusive as to the amount of compensation due to that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Suntron Corp)

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