Broken Funding. In the event of (i) the payment of any principal of any Funding Tranche (other than a Funding Tranche on which the interest is computed by reference to the Base Rate) other than on the last day of the Fixed Period applicable thereto (including as a result of the occurrence of the Rapid Amortization Commencement Date or an optional prepayment of a Funding Tranche), or (ii) any failure to borrow, continue or prepay any Funding Tranche on the date specified in any notice delivered pursuant hereto, then, in any such event, the Issuer shall compensate the applicable Purchaser for the loss, cost and expense attributable to such event. Such loss, cost or expense to any such Purchaser shall be deemed to include an amount (the “Breakage Amount”) determined by such Purchaser (or the Funding Agent) to be the excess, if any, of (i) the amount of interest which would have accrued on the principal amount of such Funding Tranche had such event not occurred, at the interest rate that would have been applicable to such Funding Tranche, for the period from the date of such event to the last day of the applicable Fixed Period (or, in the case of a failure to borrow for the period that would have been the related Fixed Period), over (ii) the amount of interest which would be obtainable upon redeployment or reinvestment of an amount of funds equal to such Funding Tranche for such period. A certificate of any Purchaser incurring any loss, cost or expense as a result of any of the events specified in this Section 2.08 and setting forth any amount or amounts that such Purchaser is entitled to receive pursuant to this Section 2.08 and the reasons therefor shall be delivered to the Issuer by the Funding Agent and shall include reasonably detailed calculations and shall be conclusive absent manifest error. The Issuer shall pay to the related Funding Agent on behalf of each such Purchaser the amount shown as due on any such certificate on the first Settlement Date which is not less than three Business Days after receipt of notice thereof.
Broken Funding. In the event any portion of the Net Investment held by a CP Issuer is reduced (whether as a result of a payment by the Transferor, a sale of such Net Investment by a CP Issuer to its related APA Banks, the provisions of Section 2.17 or otherwise), the Transferor shall compensate such CP Issuer in full, without duplication, for any loss, cost or expense attributable to such event, such amount to be payable to such CP Issuer on the next succeeding Monthly Payment Date. In the event of (a) the payment of any principal of any Eurodollar Tranche other than on the last day of the Eurodollar Tranche Period applicable thereto (including as a result of the occurrence of the Termination Date or an optional prepayment of a Eurodollar Tranche), (b) the conversion of any Eurodollar Tranche other than on the last day of the related Eurodollar Tranche Period, or (c) any failure to borrow, convert, continue or prepay any Eurodollar Tranche on the date specified in any notice delivered pursuant hereto, then, in any such event, the Transferor shall compensate the APA Banks, without duplication, for the loss, cost and expense attributable to such event. Such loss, cost or expense to any APA Bank shall be deemed to include an amount determined by such APA Bank to be the excess, if any, of (i) the amount of Discount which would have accrued on the principal amount of such Eurodollar Tranche had such event not occurred, at the per annum interest rate determined pursuant to clause (b) of the definition of Eurodollar Rate, that would have been applicable to such Eurodollar Tranche, for the period from the date of such event to the last day of the Eurodollar Tranche Period (or, in the case of a failure to borrow, convert or continue, for the period that would have been the related Eurodollar Tranche Period), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such APA Bank 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 interbank eurodollar market. Within forty-five (45) days after any APA Bank hereunder receives actual knowledge of any of the events specified in this Section 2.15, a certificate of such APA Bank setting forth any amount or amounts that such APA Bank is entitled to receive pursuant to this Section 2.15 and the reason(s) therefor shall be delivered to the Transferor (with a copy to the Administrative Agent an...
Broken Funding receiving or recovering all or any part of any Advance other than on the last day of the Term relating thereto or at the end of any period selected by the Facility Agent under Clause 9, including any amount required to compensate that Finance Party in respect of any loss, premium, penalty or other compensating payment sustained or incurred by it in liquidating, employing or redeploying deposits acquired or arranged or entered into in order to make, fund or maintain such Advance;
Broken Funding. In the event of (a) the payment of any principal of any Eurodollar Funding other than on the last day of such funding (including as a result of the occurrence of the Termination Date or an optional prepayment of a Eurodollar Funding), (b) the conversion of any Eurodollar Funding other than on the last day of such related funding, or (c) any failure to borrow, convert, continue or prepay any Eurodollar Funding on the date specified in any notice delivered pursuant hereto, then, in any such event, Recco shall compensate the applicable APA Banks for the loss, cost and expense attributable to such event. Such loss, cost or expense to any APA Banks may include an amount determined by such APA Bank to be the excess, if any, of (i) the amount of yield, as the case may be, which would have accrued on the principal amount of such Eurodollar Funding had such event not occurred, at a Eurodollar Rate that would have been applicable to such Eurodollar Funding, for the period from the date of such event to the last day of such funding (or, in the case of a failure to borrow, convert or continue, for the period that would have been the funding period for such funding), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such APA Bank 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 interbank eurodollar market. Within forty-five (45) days after any APA Bank hereunder receives actual knowledge of any of the events specified in this Section 2.11, a certificate of such APA Bank setting forth in such reasonable detail as Recco shall reasonably request a calculation of any amount or amounts that such APA Bank is entitled to receive pursuant to this Section 2.11 and the reason(s) therefor shall be delivered to Recco and the Surety Provider and shall be conclusive absent manifest error. Recco shall pay each such APA Bank the amount shown as due on any such certificate on the later of the tenth (10th) Business Day or the next succeeding Determination Date after receipt thereof.
Broken Funding. 38 Section 7.7 Conversion and Continuation of Outstanding Advances Made by the APA Banks ..........................................39 Section 7.8 Illegality .....................................................40 Section 7.9 Inability to Determine Eurodollar Rate .........................41 Section 7.10 Fees ..........................................................41 ARTICLE VIII INDEMNIFICATION
Broken Funding. The Borrower shall pay to the Administrative Agent for account of each Lender, upon the request of such Lender through the Administrative Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense that such Lender reasonably determines in good faith is attributable to:
Broken Funding. If any Bank receives or recovers all or any part of the Loans otherwise than on the scheduled date of repayment of the Loans, the Borrower shall on the first Interest Payment Date following such repayment on demand pay to such Bank an amount equal to the amount (if any) by which: (a) the additional amount of Interest which would, in accordance with the terms of this Agreement, have been payable on the amount so received or recovered had it been received or recovered on the following Interest Payment Date exceeds (b) the amount of Interest which, in the opinion of such Bank, would have been payable to such Bank on the last day of such Interest Period in respect of a deposit in the currency of the Loans, of an amount equal to the amount so received or recovered, had such an amount been placed by it with a prime bank in London for a period starting on the date of such receipt or recovery and ending on the following Interest Payment Date. For the removal of all doubt: (i) with respect to all or any part of the Loans received or recovered otherwise than on the scheduled date of repayment of such amount relating to the Loans, the payment set forth above shall only be made once; and (ii) voluntary or mandatory prepayments made in accordance with clause 7 or 8, as the case may be, on an Interest Payment Date shall not be subject to a payment of broken funding in accordance with this clause 19.1.
Broken Funding. 9 Section 2.16 Illegality..................................................................... 10 Section 2.17 Inability to Determine Eurodollar Rate......................................... 10 Article III
Broken Funding. The Transferor shall be permitted to prepay all or any portion of the Net Investment at any time; provided, the Deal Agent shall be provided with written notice by 12:00 (noon) (New York City time) at least one (1) Business Day prior to any such optional prepayment. In the event of the payment of any portion or all of the Net Investment (including as a result of the occurrence of the Termination Date or an optional prepayment) then, in any such event, the Transferor shall compensate the affected Investor or Investors for the loss, cost and expense attributable to such event. Such loss, cost or expense to any such Investor shall be determined by such Investor in its sole discretion. Each such affected Investor shall deliver to the Transferor, a certificate of such Investor setting forth any amount or amounts that such Investor is entitled to receive pursuant to this Section 2.15 and shall be conclusive absent manifest error. The Transferor shall pay each such Investor the amount shown as due on any such certificate on the date of such payment.
Broken Funding. 15 SECTION 2.7 Conversion and Continuation of Outstanding Advances Made by the APA Banks. . . . . . . . . . . . . . . . . . 15 SECTION 2.8 Illegality. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 2.9 Inability to Determine Eurodollar Rate. . . . . . . . . . . . . . 17 SECTION 2.10 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
