Breakage Expenses Sample Clauses

Breakage Expenses. If for any reason and at any time or from time to time, including, without limitation, voluntary or mandatory prepayment of principal or payment of principal at any accelerated maturity, the outstanding principal balance of any Eurodollar Rate Loan or Fixed Rate Loan is repaid in whole or in part, or (in the case of a Eurodollar Committed Loan) converted into a Base Rate Loan, in each case prior to the Maturity Date of the applicable Interest Period, then, in addition to accrued interest thereon, Borrower shall pay to the Applicable Agent's Account for credit to each Bank for the account of the Applicable Lending Office, on demand by such Bank, (i) the amount by which (x) the interest which would have accrued on the amount of such principal reduction subject to such Interest Period until such Maturity Date had such principal reduction not been made exceeds (y) the interest obtained by such Bank in the reemployment of such principal reduction for the balance of such Interest Period, and (ii) any cancellation or similar fees incurred by or allocated to such Bank on funds borrowed by such Bank to carry the unpaid principal sum thereof at the applicable Eurodollar Rate or Fixed Rate, as the case may be, and a certificate as to such excess and fees submitted by such Bank to Borrower shall, absent manifest error, be final and conclusive.
Sample 1Sample 2
Breakage Expenses. If, for any reason and at any time or from time to time (including without limitation voluntary prepayment of principal or payment of principal at any accelerated maturity), the outstanding principal balance of any Eurodollar Rate Loan is converted to a Base Rate Loan or repaid in whole or in part prior to the Maturity Date of the applicable Interest Period, or the Borrower defaults in making a borrowing of, conversion into or continuation of Eurodollar Rate Loans after the Borrower has given a notice requesting the same in accordance with the provisions of this Agreement, then, in addition to accrued interest thereon (if any), Borrower shall pay to each Bank through the Applicable Agent's Account, within 2 Banking Days following demand by such Bank, the amount by which the interest which would have accrued on the amount of such principal reduction subject to such Interest Period until such Maturity Date had such principal reduction (or such conversion or default in borrowing) not occurred (other than any Eurodollar Rate Margin which would have accrued during such period), exceeds the interest (other than any Eurodollar Rate Margin included therein) obtained by such Bank in the reemployment of such principal reduction (or conversion) for the balance of such Interest Period (such reemployment of funds to be at reasonable market rates consistent with the customary practices of such Bank), and a certificate as to such excess submitted by such Bank to Borrower shall, absent manifest error, be final and conclusive.
Sample 1
Breakage Expenses. The Parent Borrower shall pay, to the Administrative Agent, for the account of each applicable Exiting Dollar Term Lender or Exiting Euro Term Lender, all unpaid amounts due and payable pursuant to Section 2.16 of the Credit Agreement with respect to Breakage Events, no later than ten Business Days after the Amendment No. 2 Effective Date (or such later date as the Administrative Agent may reasonably determine in its sole discretion).
Sample 1
Breakage Expenses. In the event the Purchaser shall incur any loss, cost, or expense (including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired or contracted to be acquired by the Purchaser to purchase or hold the Bonds or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the Purchaser) as a result of any prepayment, redemption or conversion of the Bonds on a date other than a LIBOR Index Reset Date (the “Breakage Expenses”) for any reason, whether before or after a Default, and whether or not such payment is required by any provision of this Agreement or the Related Documents, then upon the demand of the Purchaser, the Borrower shall pay to the Purchaser a prepayment, redemption or conversion premium, as applicable, in such amount as will reimburse the Purchaser for such Breakage Expenses. If the Purchaser requests such prepayment, redemption or conversion premium, as applicable, it shall provide to the Borrower a certificate setting forth the computation of the Breakage Expenses giving rise to the request for such prepayment, redemption or conversion premium, as applicable, in reasonable detail and such certificate shall be conclusive if reasonably determined.
Sample 1
Breakage Expenses. If for any reason and at any time or from time to time, including, without limitation, voluntary or mandatory prepayment of principal or payment of principal at any accelerated maturity, the outstanding principal balance of any Eurodollar Rate Loan or Fixed Rate Loan is repaid in whole or in part, or (in the case of a Eurodollar Committed Loan) converted into a Base Rate Loan, or assigned pursuant to Section 2.1(b), 2.9 or 2.12, in each case prior to the Maturity Date of the applicable Interest Period, then, in addition to accrued interest thereon, Borrower shall pay to the Applicable Agent’s Account for credit to each Bank for the account of its Applicable Lending Office, on demand by such Bank, (i) the amount by which (x) the interest which would have accrued on the amount of such principal reduction subject to such Interest Period until such Maturity Date had such principal reduction not been made exceeds (y) the interest obtained by such Bank in the reemployment of such principal reduction for the balance of such Interest Period, and (ii) any cancellation or similar fees incurred by or allocated to such Bank on funds borrowed by such Bank to carry the unpaid principal sum thereof at the applicable Eurodollar Rate or Fixed Rate, as the case may be, and a certificate as to such excess and fees submitted by such Bank to Borrower shall, absent manifest error, be final and conclusive.
Sample 1

Related to Breakage Expenses

  • Breakage Costs The Borrower shall pay all Breakage Costs required to be paid by it pursuant to this Agreement and incurred from time to time by any Lender upon demand within fifteen (15) days from receipt of written notice from the Agent, or such earlier date as may be required by this Agreement.

  • Breakage Payments In the event of (a) the payment or prepayment, whether optional or mandatory, of any principal of any Eurodollar Loan earlier than the last day of an Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Eurodollar Loan earlier than the last day of the Interest Period applicable thereto, (c) the failure to borrow, convert, continue or prepay any Revolving Loan or Term Loan on the date specified in any notice delivered pursuant hereto or (d) the assignment of any Eurodollar Loan earlier than the last day of the Interest Period applicable thereto as a result of a request by Borrower pursuant to Section 2.16(b), then, in any such event, Borrower shall compensate each Lender for the loss, cost and expense attributable to such event. In the case of a Eurodollar Loan, such loss, cost or expense to any Lender shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest which would have accrued on the principal amount of such Loan had such event not occurred, at the Adjusted LIBOR Rate that would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the Eurodollar market. A certificate of any Lender setting forth in reasonable detail any amount or amounts that such Lender is entitled to receive pursuant to this Section 2.13 shall be delivered to Borrower (with a copy to the Administrative Agent) and shall be conclusive and binding absent manifest error. Borrower shall pay such Lender the amount shown as due on any such certificate within 5 days after receipt thereof.

  • Interest Fees and Expenses 1. Interest on the Revolving Loan and all Acquisition Term Loans shall be payable monthly as of the end of each month and shall be an amount equal to: a) the then Chase Bank Rate less a quarter of one percent, or, at ROA's election, the sum of two and one-quarter percent (2 1/4%) and the Libor, or b) subject to paragraph 3 below, if the Companies' Funded Debt to Net Worth Ratio for the preceding fiscal quarter was less than one to one (1 to 1), the then Chase Bank Rate less one half of one percent, or, at ROA' s election, the sum of one and three-quarters percent ( 1 3/4 /O) and the Libor. Interest shall be computed on a per annum basis on the average of the net balances owing by the Companies at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder shall change as of the first of the month following any change; ROA may elect to use Libor as to any new or then outstanding Revolving Loans or Acquisition Term Loans provided x) there is then no Default or unwaived Event of Default and y)ROA has advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan or Acquisition Term Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans or Acquisition Term Loan to Libor Loans and z) the election and Libor shall be effective, provided there is then no Default or unwaived Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $1,000,000.00 or whole multiples thereof. No more than four (4) Libor elections may be in effect at any one time. The Agent shall be entitled to charge the Collective Loan Account i) at the rate provided for herein when due until all Obligations have been paid in full; ii) the Libor Processing Fee on the effective date of the Libor Election. All rates hereunder shall be calculated based on a 360 day year.

  • Excess Expenses If the expenses for any Portfolio for any fiscal year (including fees and other amounts payable to the Adviser, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of a Portfolio are qualified for offer and sale, the Adviser shall bear such excess cost. However, the Adviser will not bear expenses of any Portfolio which would result in the Portfolio's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code. Payment of expenses by the Adviser pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Adviser for such month pursuant to Section 3 and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

  • Additional Expenses to be inserted if applicable.

  • Moving Expenses Reimbursements and procedures will be in accordance with the Department of Administrative Services, Chief Human Resource Office Policy 40.055.10, and its successors. Changes in this policy will be automatically incorporated into this contract Article.

  • Trust Expenses Expenses incident to the Trust's performance of its duties and obligations under this Agreement include, but are not limited to, the costs of: (a) registration and qualification of the Trust shares under the federal securities laws; (b) preparation and filing with the SEC of the Trust's Prospectuses, Trust's Statement of Additional Information, Trust's Registration Statement, Trust proxy materials and shareholder reports, and preparation of a "camera-ready" copy of the foregoing; (c) preparation of all statements and notices required by any federal or state securities law; (d) printing of all proxy materials, shareholder reports, prospectuses and other documents required to be provided by the Trust to its existing shareholders, and providing sufficient copies of the same to the Company for distribution to Contract Owners currently invested in the Trust; provided, however, that if the Company prints copies of the Trust's prospectuses (or portions thereof) as part of a larger document containing prospectuses of other investment companies, the Trust shall bear the expense only of its share of the cost of printing the document (for this purpose, the Trust's share shall be the percentage of the total cost of the document represented by the ratio that the number of pages of the Trust's prospectus bears to the total number of pages); (e) all taxes on the issuance or transfer of Trust shares; (f) payment of all applicable fees relating to the Trust, including, without limitation, all fees due under Rule 24f-2 in connection with sales of Trust shares to qualified retirement plans, custodial, auditing, transfer agent and advisory fees, fees for insurance coverage and Trustees' fees; and (g) any expenses permitted to be paid or assumed by the Trust pursuant to a plan, if any, under Rule 12b-1 under the 1940 Act.

  • Reimbursement of Costs and Expenses Seller shall have paid, or reimbursed Purchaser for, all reasonable and documented out-of-pocket expenses, including but not limited to reasonable legal fees of outside counsel and reasonable and due diligence fees, actually incurred by Purchaser in connection with the development, preparation and execution of this Agreement, the other Transaction Documents and any other documents prepared in connection herewith or therewith.

  • Expenses Reimbursement State Street shall be entitled to receive from the Fund on demand reimbursement for its cash disbursements, expenses and charges, excluding salaries and usual overhead expenses, as set forth in Schedule A.

  • Default Rate Interest In the event that the Corporation does not make timely payment of all or any portion of a Tax Benefit Payment to a Member on or before the Final Payment Date as determined pursuant to Section 3.1(a), the amount of “Default Rate Interest” calculated in respect of the Net Tax Benefit (including previously accrued Imputed Interest and Extension Rate Interest) for a Taxable Year will equal interest calculated at the Default Rate from the Final Payment Date for a Tax Benefit Payment as determined pursuant to Section 3.1(a) until the date on which the Corporation makes such Tax Benefit Payment to such Member. For the avoidance of doubt, the amount of any Default Rate Interest as determined with respect to any Net Tax Benefit payable by the Corporation to a Member shall be included in the Hypothetical Tax Liability of the Corporation for purposes of calculating Realized Tax Benefits and Realized Tax Detriments pursuant to this Agreement.