Compensation for Breakage Costs. If any payment of principal of, or Conversion of, any Eurodollar Rate Advance is made by the Borrower to or for the account of a Lender other than on the last day of the Interest Period for such Advance, as a result of a payment, prepayment or Conversion pursuant to this Agreement or acceleration of the maturity of the Advances pursuant to Section 6.01, Borrower shall, upon demand by such Lender (with a copy of such demand to the Agent), pay to the Agent for the account of such Lender any amounts required to compensate such Lender for any additional losses, costs or expenses that it may reasonably incur as a result of such payment or Conversion, including, without limitation, any loss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Lender to fund or maintain such Advance.
Compensation for Breakage Costs. The Borrowers shall pay to the Lenders or any thereof, upon the request of any thereof, such amount or amounts as shall be sufficient (in the reasonable opinion of the relevant Lenders) to compensate them for any loss, cost or expense incurred by them as a result of:
(a) any payment or prepayment (including any such prepayment made pursuant to Sections 5.1, 5.2, 5.3 and 8.1) of the Loan on a date other than the last day of an Interest Period; or
(b) any failure by the Borrowers to borrow (including without limitation any such failure resulting from a condition precedent set forth in Section 4) or prepay the Loan held by any Lender on the date for such borrowing or prepayment specified in the relevant request for such Loan or notice of prepayment delivered under Sections 3.2 or 5.2, respectively; such compensation to include, without limitation, an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the principal amount so paid, prepaid or not borrowed for the period from the date of such payment, prepayment or failure to borrow to the last day of the then current Interest Period for the Loan or, in the case of a failure to borrow, the Interest Period for the Loan which would have commenced on the date of such failure to borrow, in each case at the applicable rate of interest for the Loan provided for herein over (ii) the amount of interest which otherwise would have accrued on such principal amount at a rate per annum equal to the interest component (as reasonably determined by the relevant Lenders) of the amount (as reasonably determined by such Lenders) the Lenders would have bid in the Eurocurrency market for Dollar deposits of amounts comparable to such principal amount and maturities comparable to such Interest Period. Any certification of a relevant Lender shall, absent manifest error, be conclusive.
Compensation for Breakage Costs. (a) Section 2.6.D. of the Credit Agreement is amended by (i) deleting the word "or" in the fourteenth line thereof and (ii) adding the following new clause after the words "by the terms of this Agreement" in the sixteenth line thereof: "or (v) as a consequence of the consummation of the transactions contemplated by the Lender Common Stock Conversion Documents."
Compensation for Breakage Costs. Company shall compensate each ------------------------------- Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re- employment of such funds but excluding loss of anticipated profits and loss of Applicable Margin) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company; or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms hereof. Booking of Eurodollar Rate Loans. Any Lender may make, carry or -------------------------------- transfer Eurodollar Rate Loans at, to, or for the account of any of its branch offices or the office of an Affiliate of such Lender.
Compensation for Breakage Costs. The Borrower shall pay to the Lenders, Participants or any thereof, upon the request of any thereof such amount or amounts as shall be sufficient (in the reasonable opinion of the relevant Lenders and/or Participants) to compensate them for any loss, cost or expense incurred by them as a result of:
(a) any payment or prepayment (including any such prepayment made pursuant to Sections 4.1, 4.2 and 12.1) of an Advance on a date other than the last day of the relevant Interest Period; or
(b) any failure by the Borrower to borrow (including without limitation any such failure resulting from a condition precedent set forth in Section 3) or prepay the Facility Balance held by any Lenders and/or Participants on the date for such borrowing or prepayment specified in the relevant request for such Advance or notice of prepayment delivered under Sections 2.2 or 4.1, respectively; Any certification of a relevant Lender or Participant shall, absent demonstrative error, be conclusive and binding on the Borrower as to the extent of any such losses.
Compensation for Breakage Costs
