Common use of Certain Compensation Clause in Contracts

Certain Compensation. The Company shall pay to the Agent for the account of each Lender, upon the request of such Lender through the 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 which such Lender reasonably determines is attributable to: (a) any payment of a Fixed Rate Loan made by the Company on a date other than the last day of an Interest Period for such Loan (whether by reason of acceleration or otherwise); or (b) any failure by the Company to borrow a Fixed Rate Loan to be made by such Lender on the date specified therefor in the relevant notice under Section 2.02. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Interest Period for such Loan which would have commenced on the date specified therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein; over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this Section 5.05 shall be prima facie evidence of the correctness of such determination.

Certain Compensation. The Company Borrower shall pay to the Agent -------------------- for the account of each Lender, upon the request of such Lender through the 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 which such Lender reasonably determines is attributable to: (a) any payment of a Fixed Rate Eurodollar Loan made by the Company Borrower on a date other than the last day of an a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to Section 3.04); or (b) any failure by the Company Borrower to borrow a Fixed Rate any Loan to be made by such Lender on the date specified therefor in the relevant notice under Section 2.02(S)2.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein; herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this Section 5.05 (S) 3.05 shall be prima facie evidence of the correctness of conclusive, provided that such determinationdetermination is made on a reasonable basis.

Certain Compensation. The Company Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the 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 which such Lender reasonably determines is attributable to: (a) any payment of a Fixed Rate Eurodollar Loan made by the Company Borrowers on a date other than the last day of an a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section 3.04); or (b) any failure by the Company Borrowers to borrow a Fixed Rate any Loan to be made by such Lender on the date specified therefor therefore in the relevant notice under Section 2.02section 2.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefor therefore in the relevant notice) at the applicable rate of interest for such Loan provided for herein; herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this Section 5.05 section 3.05 shall be prima facie evidence of the correctness of conclusive, provided thaT such determinationdetermination is made on a reasonable basis.

Certain Compensation. The Company Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the 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 which such Lender reasonably determines is attributable to: (a) any payment of a Fixed Rate Eurodollar Loan made by the Company Borrowers on a date other than the last day of an a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to Section 3.04); or (b) any failure by the Company Borrowers to borrow a Fixed Rate any Loan to be made by such Lender on the date specified therefor in the relevant notice under Section 2.022.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein; herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this Section 5.05 3.05 shall be prima facie evidence of the correctness of conclusive, provided that such determinationdetermination is made on a reasonable basis.

Certain Compensation. The Company Borrower shall pay to the Agent for the account of each LenderBank, upon the request of such Lender through the Agentbank, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lenderthe Bank) to compensate it for any lossloss (other than the lost Margin), cost or expense which such Lender reasonably the Bank determines is attributable to: (a) any payment of a Fixed Rate Loan made by the Company on a date other than the last day of an Interest Period for such Loan (whether by reason of acceleration or otherwise); or (b) any failure by the Company Borrower to borrow a Fixed Rate Loan to be made by such Lender the Bank on the date specified therefor in the relevant notice under Section 2.022.04. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: (i) the amount of interest (excluding any Margin) which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Interest Period for such Loan which would have commenced on the date specified therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein; over (ii) the amount of interest (as reasonably determined by such Lenderthe Bank) such Lender the Bank would have bid in the London interbank market (if such Loan is a Eurodollar Loan) or the United States secondary certificate of deposit market (if such Loan is a CD Loan) for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender the Bank as to the amounts payable pursuant to this Section 5.05 3.04 shall be prima facie evidence conclusive absent manifest error and the Bank shall upon request provide to Borrower a copy of calculations in reasonable detail done by the correctness of Bank in making such determination.

Certain Compensation. The Company Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the 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 which such Lender reasonably determines is attributable to: (a) any payment of a Fixed Rate Eurodollar Loan made by the Company Borrowers on a date other than the last day of an a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to Section 3.04); or (b) any failure by the Company Borrowers to borrow a Fixed Rate any Loan to be made by such Lender on the date specified therefor in the relevant notice under Section 2.022.11. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of: of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein; herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this Section 5.05 3.05 shall be prima facie evidence of the correctness of conclusive, provided that such determinationdetermination is made on a reasonable basis.