Common use of Breakage Fees Clause in Contracts

Breakage Fees. Upon any repayment or payment of a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory, by acceleration or otherwise), Borrower shall pay Administrative Agent, for the benefit of all affected Lenders, an amount (the “LIBOR Breakage Fee”) equal to the present value of any losses, expenses and liabilities (including any loss (including interest paid) sustained by each such affected Lender in connection with the re-employment of such funds) that any such affected Lender may sustain as a result of the payment of such Loan on such day. For purposes of calculating amounts payable by Borrower to Lenders under this Subsection 1.4(D), each LIBOR Loan made by a Lender (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the LIBOR rate for such LIBOR Loan by a matching deposit or other borrowing in the interbank eurocurrency market for a comparable amount and for a comparable period, whether or not such LIBOR Loan is in fact so funded. Upon any repayment of an Assumed CEI Term Loan (regardless of the source of such repayment or prepayment and whether voluntary, mandatory (other than scheduled repayment pursuant to Subsections 1.6(A)(4) or (5)), by acceleration or otherwise), Borrower shall pay Administrative Agent, for the benefit of all affected Lenders, an amount (the “Assumed CEI Breakage Fee”) equal to the sum of: (a) the present value of any funding losses incurred or imputed by CoBank to have been incurred as a result of such prepayment for the period such amount was scheduled to have been outstanding at the applicable rate; plus (b) 1/2 of 1 percent (0.50%) on the amount prepaid or converted.

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

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Breakage Fees. Upon any repayment or payment of a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory, by acceleration or otherwise), Borrower shall pay Administrative Agent, for the benefit of all affected Lenders, an amount (the “LIBOR Breakage Fee”) equal to the present value of any losses, expenses and liabilities (including any loss (including interest paid) sustained by each such affected Lender in connection with the re-employment of such funds) that any such affected Lender may sustain as a result of the payment of such Loan on such day. For purposes of calculating amounts payable by Borrower to Lenders under this Subsection 1.4(D), each LIBOR Loan made by a Lender (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the LIBOR rate for such LIBOR Loan by a matching deposit or other borrowing in the interbank eurocurrency market for a comparable amount and for a comparable period, whether or not such LIBOR Loan is in fact so funded. Upon any repayment of an Assumed CEI Term Loan (regardless of the source of such repayment or prepayment and whether voluntary, mandatory (other than scheduled repayment pursuant to Subsections 1.6(A)(4) or (5)), by acceleration or otherwise), Borrower shall pay Administrative Agent, for the benefit of all affected Lenders, an amount (the “Assumed CEI Breakage Fee”) equal to the sum of: (a) the present value of any funding losses incurred or imputed by CoBank to have been incurred as a result of such prepayment for the period such amount was scheduled to have been outstanding at the applicable rate; plus (b) 1/2 ½ of 1 percent (0.50%) on the amount prepaid or converted.

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Breakage Fees. Upon any repayment or payment of a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, for the benefit of all affected Lenders, an amount (the “LIBOR Breakage Fee”) equal to the present value amount of any losseslosses (but excluding any applicable LIBOR Margin), reasonable expenses and liabilities (including any loss (including interest paidpaid but excluding any applicable LIBOR Margin) sustained by each such affected Lender in connection with the re-employment of such funds) that any each such affected Lender may sustain as a result of the payment of such LIBOR Loan on such day. For purposes of calculating amounts payable by the Borrower to the Lenders under this Subsection 1.4(D1.4(B), each LIBOR Loan made by a Lender (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the LIBOR rate for such LIBOR Loan by a matching deposit or other borrowing in the interbank eurocurrency market for a comparable amount and for a comparable period, whether or not such LIBOR Loan is in fact so funded. Upon In addition, upon any repayment or prepayment of an Assumed CEI Term a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory (other than scheduled repayment pursuant to Subsections 1.6(A)(4) or (5))mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, individually and not for the benefit of all affected the Lenders, an amount (the “Assumed CEI Breakage Fee”) equal to the sum of: (a) the present value administrative fee of any funding losses incurred or imputed by CoBank to have been incurred as a result of such prepayment for the period such amount was scheduled to have been outstanding at the applicable rate; plus (b) 1/2 of 1 percent (0.50%) on the amount prepaid or converted$300.

Appears in 1 contract

Samples: Credit Agreement (Frontier Communications Corp)

Breakage Fees. Upon any repayment or payment of a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, for the benefit of all affected Lenders, an amount (the “LIBOR "Breakage Fee") equal to the present value amount of any losses, reasonable expenses and liabilities (including any loss (including interest paid) sustained by each such affected Lender in connection with the re-employment of such funds) that any each such affected Lender may sustain as a result of the payment of such LIBOR Loan on such day. For purposes of calculating amounts payable by the Borrower to the Lenders under this Subsection 1.4(D1.4(C), each LIBOR Loan made by a Lender (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the LIBOR rate for such LIBOR Loan by a matching deposit or other borrowing in the interbank eurocurrency market for a comparable amount and for a comparable period, whether or not such LIBOR Loan is in fact so funded. Upon In addition, upon any repayment or prepayment of an Assumed CEI Term a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory (other than scheduled repayment pursuant to Subsections 1.6(A)(4) or (5))mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, individually and not for the benefit of all affected the Lenders, an amount (the “Assumed CEI Breakage Fee”) equal to the sum of: (a) the present value administrative fee of any funding losses incurred or imputed by CoBank to have been incurred as a result of such prepayment for the period such amount was scheduled to have been outstanding at the applicable rate; plus (b) 1/2 of 1 percent (0.50%) on the amount prepaid or converted$300.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

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Breakage Fees. Upon any repayment or payment of a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, for the benefit of all affected Lenders, an amount (the “LIBOR Breakage Fee”) equal to the present value amount of any losses, reasonable expenses and liabilities (including any loss (including interest paid) sustained by each such affected Lender in connection with the re-employment of such funds) that any each such affected Lender may sustain as a result of the payment of such LIBOR Loan on such day. For purposes of calculating amounts payable by the Borrower to the Lenders under this Subsection 1.4(D1.4(C), each LIBOR Loan made by a Lender (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the LIBOR rate for such LIBOR Loan by a matching deposit or other borrowing in the interbank eurocurrency market for a comparable amount and for a comparable period, whether or not such LIBOR Loan is in fact so funded. Upon In addition, upon any repayment or prepayment of an Assumed CEI Term a LIBOR Loan on any day that is not the last day of the Interest Period applicable thereto (regardless of the source of such repayment or prepayment and whether voluntary, mandatory (other than scheduled repayment pursuant to Subsections 1.6(A)(4) or (5))mandatory, by acceleration or otherwise), the Borrower shall pay the Administrative Agent, individually and not for the benefit of all affected the Lenders, an amount (the “Assumed CEI Breakage Fee”) equal to the sum of: (a) the present value administrative fee of any funding losses incurred or imputed by CoBank to have been incurred as a result of such prepayment for the period such amount was scheduled to have been outstanding at the applicable rate; plus (b) 1/2 of 1 percent (0.50%) on the amount prepaid or converted$300.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

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