Common use of Broken Funding Clause in Contracts

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. In the event of (ai) the payment of any -------------- principal of any Eurodollar Funding other than on the last day of such funding a Eurodollar Funding Period applicable thereto (including as a result of the occurrence of the a Termination Date Event, Potential Termination Event or an optional prepayment of a Eurodollar FundingOptional Prepayment), (bii) the conversion of any Eurodollar Funding other than on the last day of such related funding, applicable Interest Payment Date or (ciii) 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 the Borrower shall compensate the applicable APA Banks Banks, for the loss, cost and expense attributable to such event. Such loss, cost or expense to any APA Banks may Bank shall be deemed to include an amount determined by such APA Bank to be the excess, if any, of (i1) the amount of yield, as the case may be, interest which would have accrued on the principal amount of such Eurodollar Funding had such event not occurred, at a the 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 Interest Payment Date therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the funding period for such fundingrelated Eurodollar Funding Period), over (ii2) 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 A certificate 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 7.6 shall be delivered to Recco and the Surety Provider Borrower and shall be conclusive absent ----------- manifest error. Recco The Borrower 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 Distribution Date after receipt thereof.

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 a Eurodollar Funding Period applicable thereto (including as a result of the occurrence of the a Termination Date Event, Potential Termination Event or an optional prepayment of a Eurodollar FundingOptional Prepayment), (b) the conversion of any Eurodollar Funding other than on the last day of such related funding, applicable Interest Payment Date 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 the Borrower shall compensate the applicable APA Banks Banks, for the loss, cost and expense attributable to such event. Such loss, cost or expense to any APA Banks may Bank shall be deemed to 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, interest which would have accrued on the principal amount of such Eurodollar Funding had such event not occurred, at a the 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 Interest Payment Date therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the funding period for such fundingrelated Eurodollar Funding 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 A certificate 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 7.6 shall be delivered to Recco and the Surety Provider Borrower and shall be conclusive absent manifest error. Recco The Borrower 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 Distribution Date after receipt thereof.

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 a Eurodollar Funding Period applicable thereto (including as a result of the occurrence of the a Termination Date Event, Potential Termination Event or an optional prepayment of a Eurodollar FundingOptional Prepayment), (b) the conversion of any Eurodollar Funding other than on the last day of such related funding, applicable Interest Payment Date 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 the Borrower shall compensate the applicable APA Banks Banks, for the loss, cost and expense attributable attribut- able to such event. Such loss, cost or expense to any APA Banks may Bank shall be deemed to 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, interest which would have accrued on the principal amount of such Eurodollar Funding had such event not occurred, at a the 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 Interest Payment Date therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the funding period for such fundingrelated Eurodollar Funding 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 A certificate 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 7.6 shall be delivered to Recco and the Surety Provider Borrower and shall be conclusive absent manifest error. Recco The Borrower 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 Distribution Date after receipt thereof.

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 a Eurodollar Funding Period applicable thereto (including as a result of the occurrence of the a Termination Date Event, Potential Termination Event or an optional prepayment of a Eurodollar FundingOptional Prepayment), (b) the conversion of any Eurodollar Funding other than on the last day of such related funding, applicable Interest Payment Date 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 the Borrower shall compensate the applicable APA Banks Banks, for the loss, cost and expense attributable to such eventevent . Such loss, cost or expense to any APA Banks may Bank shall be deemed to 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, interest which would have accrued on the principal amount of such Eurodollar Funding had such event not occurred, at a the 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 Interest Payment Date therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the funding period for such fundingrelated Eurodollar Funding 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 A certificate 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 7.6 shall be delivered to Recco and the Surety Provider Borrower and shall be conclusive absent manifest error. Recco The Borrower 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 Distribution Date after receipt thereof.