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 2.13, 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 Eurodollar Rate Loan to the Borrowers, but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing or continuation 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 2.14, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) above, (iv) as a consequence of any failure by the Borrowers to repay 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 such Lender, absent manifest error.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.132.10 (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 's Eurodollar Rate Loan Loans to the Borrowers, Borrower but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11(a) (Conversion and Continuation Options), (ii) if for any reason any Eurodollar Rate NATIONAL STEEL CORPORATION CREDIT AGREEMENT Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9 (Mandatory Prepayments)) on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (b) or (d) above, above or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such 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 pursuant to Section 2.132.04, 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 's Eurodollar Rate Loan Loans to the Borrowers, but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Revolving Loan Lender may sustain (i) if for any reason a proposed Borrowing borrowing, conversion into or continuation of, or conversion into, of 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 2.142.09, (ii) ------------ if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.05) on a date that is not the last day of the ------------ applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Reference Rate Loan as a result of any of the events indicated in clause Section 2.10(b) or (d) above, or (iv) as a consequence of any --------------- --- failure by the Borrowers to repay 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 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 such 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 2.132.10, 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 Eurodollar 's LIBO Rate Loan Loans (including Euro Loans) 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 Borrowing, conversion into or continuation of, or conversion into, Eurodollar of 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 2.142.10(d), (ii) if for any reason any Eurodollar LIBO Rate Loan is prepaid by reason of an increase (including mandatorily pursuant to Section 2.9 or Section 2.14(d)) or any LIBO Rate Dollar Loan is converted pursuant to Section 2.11 into a reduction in Commitments Base Rate Loan on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar LIBO Rate Dollar Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurodollar LIBO 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 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 such 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 2.132.10, 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 transmitted by facsimile for borrowing or conversion or continuation or a successive Interest Period does not commence after notice therefor is given pursuant to Section 2.142.11, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such that Lender, absent manifest demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Geneva Steel Holdings Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.132.10, 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 Eurodollar LIBO Rate Loan Loans (including Euro Loans) 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 Borrowing, conversion into or continuation of, or conversion into, Eurodollar of 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 2.142.11, (ii) if for any reason any Eurodollar LIBO Rate Loan is prepaid by reason of an increase (including mandatorily pursuant to Section 2.9 or Section 2.14(d)) or any LIBO Rate Dollar Loan is converted pursuant to Section 2.11 into a reduction in Commitments Base Rate Loan on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar LIBO Rate Dollar Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay Eurodollar LIBO 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 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 such 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 Borrower pursuant to Section 2.13SECTION 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.14SECTION 2.11, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to SECTION 2.9) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSECTION 2.14(B), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such 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 pursuant to Section 2.132.9, 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 Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.10, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason (including as a result of an increase or any conversion into a reduction in Commitments Base Rate Loan on a date that which is not the last day of the applicable Interest Period), (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.13(d), or (iv) as a consequence of any failure by the Borrowers to repay 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 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 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 Borrower pursuant to Section 2.132.8, 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 Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.9, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase (including mandatorily pursuant to Section 2.7 or a reduction in Commitments Section 2.9) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.12(d), or (iv) as a consequence of any failure by the Borrowers Borrower to repay 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 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 such 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 any Borrower pursuant to Section 2.132.10 (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 Eurodollar Rate Loan Loans to the Borrowers, such Borrower but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11 (Conversion/Continuation Option), (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9 (Mandatory Prepayments)) on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) above, above or (iv) as a consequence of any failure by the Borrowers such Borrower to repay 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 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 such that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Suntron Corp)

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.132.11 (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 's Eurodollar Rate Loan Loans to the Borrowers, Borrower but excluding any loss of the Applicable Margin or other profit on the relevant Revolving Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.12(a) (Conversion and Continuation Options), (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.10) on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (b) or (d) above, above or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such 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 2.132.10, 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase (including mandatorily pursuant to Section 2.9 or a reduction in Commitments Section 9.2) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such that Lender, absent manifest error.

Appears in 1 contract

Samples: Kasper a S L LTD

Breakage Costs. In addition to all amounts required to be paid by the Borrowers Borrower pursuant to Section 2.132.10, 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.2 or Section 2.15, as applicable, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including any mandatory prepayment made pursuant to Section 2.8) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (dSection 2.16(d) above, or (iv) as a consequence of any failure by the Borrowers Borrower to repay 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 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 such that Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Classic Cable Inc)

AutoNDA by SimpleDocs

Breakage Costs. In addition to all amounts required to be paid by the Borrowers pursuant to Section 2.132.10, 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 Eurodollar Rate Loan Loans to the Borrowers, such 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 (other than under Section 2.14(b)) a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.14(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such 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 2.132.9, 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 Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.10, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase repaid or converted into a reduction in Commitments Base Rate Loan on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.13(d), or (iv) as a consequence of any failure by the Borrowers to repay 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 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 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 2.132.10 (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 's Eurodollar Rate Loan Loans to the Borrowers, Borrower but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11 (Conversion/Continuation Option), (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9 (Mandatory Prepayments)) on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) above, or (iv) as a consequence of any failure by the Borrowers Borrower to repay 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 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 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 2.132.9, 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.10, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason (including (x) as a result of an increase or any conversion into a reduction in Commitments Base Rate Loan on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSection 2.13(d), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 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 Borrower pursuant to Section 2.132.10 (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 's Eurodollar Rate Loan Loans to the Borrowers, Borrower but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing Borrowing, conversion into or continuation of, or conversion into, of 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 2.142.11 (Conversion/Continuation Option), (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to Section 2.9 (Mandatory Prepayments)) on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) above, above or (iv) as a consequence of any failure by the Borrowers Borrower to repay 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 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 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 2.13SECTION 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 's Eurodollar Rate Loan Loans 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 Borrowing, conversion into or continuation of, or conversion into, of 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 2.14SECTION 2.9, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments (including mandatorily pursuant to SECTION 2.7) on a date that which is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) aboveSECTION 2.12(D), or (iv) as a consequence of any failure by the Borrowers a Borrower to repay 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 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 such 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 2.132.10, 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 Eurodollar Rate Loan to the BorrowersBorrower, but excluding any loss of the Applicable Margin or other profit on the relevant Loans) that such Lender may sustain (i) if for any reason a proposed Borrowing or continuation 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 2.142.11, (ii) if for any reason any Eurodollar Rate Loan is prepaid by reason of an increase or a reduction in Commitments on a date that is not the last day of the applicable Interest Period, (iii) as a consequence of a required conversion of a Eurodollar Rate Loan to a Base Rate Loan as a result of any of the events indicated in clause (d) above, (iv) as a consequence of any failure by the Borrowers Borrower to repay 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 Borrower pursuant to Section 2.20 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 such Lender, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (McDermott International Inc)

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