Common use of Breakfunding Costs Clause in Contracts

Breakfunding Costs. Each Borrower agrees to reimburse each Lender and to hold each Lender harmless from any loss or expense which such Lender may sustain or incur as a consequence of: (a) the failure of such Borrower to make any payment or prepayment of principal of any IBOR Loan (including payments made after any acceleration thereof); (b) the failure of such Borrower to Borrow, Continue or Convert an IBOR Loan after such Borrower has given a Request for Extension of Credit, (c) if caused by a Credit Party or as a result of any acceleration of the Loans by reason of a Default or Event of Default, the prepayment of an IBOR Loan on a day which is not the last day of the Interest Period with respect thereto, or (d) if caused by a Credit Party or required by the Requisite Lenders pursuant to Section 2.02(d), the Conversion of any Dollar LIBOR Loan to a Base Rate Loan or the replacement of any Foreign Currency Loan with a Foreign Currency Loan with an Interest Period of one month; including any such loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain its IBOR Loans hereunder or from fees payable to terminate the deposits from which such funds were obtained. Solely for purposes of calculating amounts payable by any Borrower to a Lender under this Section, each IBOR Loan (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at Adjusted IBOR used in determining Adjusted IBOR for such IBOR Loan by a matching deposit or other borrowing in the relevant currency in the interbank deposit market for a comparable amount and for a comparable period, whether or not such IBOR Loan is in fact so funded.

Breakfunding Costs. Each Borrower agrees to reimburse each Lender Bank and to hold each Lender Bank harmless from any loss or expense which such Lender Bank may sustain or incur as a consequence of: (a) the failure of such Borrower to make any payment or prepayment of principal of any IBOR Offshore Rate Loan (including payments made after any acceleration thereof); (b) the failure of such Borrower to Borrow, Continue or Convert an IBOR Offshore Rate Loan or a CD Rate Loan after such Borrower has given a Request for Extension of Credit, ; (c) the failure of Borrower to make any prepayment of an Offshore Rate Loan or a CD Rate Loan after Borrower has given a notice in accordance with Section 2.5; (d) if caused by a Credit Party Borrower or as a result of any acceleration of the Loans by reason of a Default or Event of Default, the prepayment of an IBOR Offshore Rate Loan or a CD Rate Loan on a day which is not the last day of the Interest Period with respect thereto, ; or (de) if caused by a Credit Party Borrower or required by the Requisite Lenders Banks pursuant to Section 2.02(d2.2(e), the Conversion of any Dollar LIBOR Offshore Rate Loan or CD Rate Loan to a Base Rate Loan or on a day that is not the replacement last day of any Foreign Currency Loan with a Foreign Currency Loan with an the respective Interest Period of one monthPeriod; including any such loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain its IBOR Offshore Rate Loans or CD Rate Loans hereunder or from fees payable to terminate the deposits from which such funds were obtained. Solely for purposes of calculating amounts payable 48 by any Borrower to a Lender Bank under this Section, (i) each IBOR Offshore Rate Loan (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at Adjusted IBOR the LIBOR used in determining Adjusted IBOR the Offshore Rate for such IBOR Offshore Rate Loan by a matching deposit or other borrowing in the relevant currency in the interbank deposit eurodollar market for a comparable amount and for a comparable period, whether or not such IBOR Offshore Rate Loan is in fact so funded, and (ii) each CD Rate Loan made by each Bank (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the Certificate of Deposit Rate used in determining the CD Rate for such CD Rate Loan by the issuance of its certificate of deposit in a comparable amount and for a comparable period, whether or not such CD Rate Loan is in fact so funded.

Breakfunding Costs. Each Borrower agrees to reimburse each Lender and to hold each Lender harmless from any loss or expense which such Lender may sustain or incur as a consequence of: (a) the failure of such Borrower to make any payment or prepayment of principal of any IBOR Loan (including payments made after any acceleration thereof); (b) the failure of such Borrower to Borrow, Continue or Convert an IBOR Loan after such Borrower has given a Request for Extension of Credit, (c) if caused by a Credit Party or as a result of any acceleration of the Loans by reason of a Default or Event of Default, the prepayment of an IBOR Loan on a day which is not the last day of the Interest Period with respect thereto, or (d) if caused by a Credit Party or required by the Requisite Lenders pursuant to Section 2.02(d), the Conversion of any Dollar LIBOR Loan to a Base Rate Loan or the replacement of any Foreign Currency Loan with a Foreign Currency Loan with an Interest Period of one month; including any such loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain its IBOR Loans hereunder or from fees payable to terminate the deposits from which such funds were obtained. Solely for purposes of calculating amounts payable by any Borrower to a Lender under this Section, each IBOR Loan (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at Adjusted IBOR used in determining Adjusted IBOR for such IBOR Loan by a matching deposit or other borrowing in the relevant currency in the interbank deposit market for a comparable amount and for a comparable period, whether or not such IBOR Loan is in fact so funded.

Breakfunding Costs. Each Borrower agrees to reimburse each Lender Bank and to hold each Lender Bank harmless from any loss or expense which such Lender Bank may sustain or incur as a consequence of: (a) the failure of such Borrower to make any payment or prepayment of principal of any IBOR Offshore Rate Loan (including payments made after any acceleration thereof); (b) the failure of such Borrower to Borrow, Continue or Convert an IBOR Offshore Rate Loan or a CD Rate Loan after such Borrower has given a Request for Extension of Credit, ; (c) the failure of Borrower to make any prepayment of an Offshore Rate Loan or a CD Rate Loan after Borrower has given a notice in accordance with Section 2.5; (d) if caused by a Credit Party Borrower or as a result of any acceleration of the Loans by reason of a Default or Event of Default, the prepayment of an IBOR Offshore Rate Loan or a CD Rate Loan on a day which is not the last day of the Interest Period with respect thereto, ; or (de) if caused by a Credit Party Borrower or required by the Requisite Lenders Banks pursuant to Section 2.02(d2.2(e), the Conversion of any Dollar LIBOR Offshore Rate Loan or CD Rate Loan to a Base Rate Loan or on a day that is not the replacement last day of any Foreign Currency Loan with a Foreign Currency Loan with an the respective Interest Period of one monthPeriod; including any such loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain its IBOR Offshore Rate Loans or CD Rate Loans hereunder or from fees payable to terminate the deposits from which such funds were obtained. Solely for purposes of calculating amounts payable by any Borrower to a Lender Bank under this Section, (i) each IBOR Offshore Rate Loan (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at Adjusted IBOR the LIBOR used in determining Adjusted IBOR the Offshore Rate for such IBOR Offshore Rate Loan by a matching deposit or other borrowing in the relevant currency in the interbank deposit eurodollar market for a comparable amount and for a comparable period, whether or not such IBOR Offshore Rate Loan is in fact so funded, and (ii) each CD Rate Loan made by each Bank (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at the Certificate of Deposit Rate used in determining the CD Rate for such CD Rate Loan by the issuance of its certificate of deposit in a comparable amount and for a comparable period, whether or not such CD Rate Loan is in fact so funded.

Breakfunding Costs. Each Borrower The Company agrees to reimburse each Lender and to hold each Lender harmless from any loss or expense which such Lender may sustain or incur as a consequence of: (a) the failure of such Borrower the Company to make any payment or prepayment of principal of any IBOR LIBOR Loan (including payments made after any acceleration thereof); (b) the failure of such Borrower the Company to Borrow, Continue or Convert an IBOR a LIBOR Loan after such Borrower the Company has given a Request for Extension of Credit, ; (c) if caused by a Credit Party the Company or as a result of any acceleration of the Loans by reason of a Default or Event of Default, the prepayment of an IBOR a LIBOR Loan on a day which is not the last day of the Interest Period with respect thereto, ; or (d) if caused by a Credit Party the Company or required by the Requisite Lenders pursuant to Section 2.02(d), the Conversion of any Dollar LIBOR Loan to a Base Rate Loan or on a day that is not the replacement last day of any Foreign Currency Loan with a Foreign Currency Loan with an the respective Interest Period of one monthPeriod; including any such loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain its IBOR LIBOR Loans hereunder or from fees payable to terminate the deposits from which such funds were obtained. Solely for purposes of calculating amounts payable by any Borrower the Company to a Lender under this Section, each IBOR LIBOR Loan (and each related reserve, special deposit or similar requirement) shall be conclusively deemed to have been funded at Adjusted IBOR LIBOR used in determining Adjusted IBOR LIBOR for such IBOR LIBOR Loan by a matching deposit or other borrowing in the relevant currency in the interbank deposit eurodollar market for a comparable amount and for a comparable period, whether or not such IBOR LIBOR Loan is in fact so funded.