Common use of Compensation for Breakage or Non-Commencement of Interest Periods Clause in Contracts

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 15 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

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Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 14 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Tronox LTD)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 9 contracts

Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (LTM Holdings Inc), Credit Agreement (Atlas Air Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Optel Inc), Credit Agreement (Houlihans Restaurant Group Inc), Credit Agreement (Mitel Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainactually sustains as a direct result of any of the following circumstances: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Eurocurrency Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingBorrowing Notice, or a conversion to or continuation of any Eurodollar Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurodollar Eurocurrency Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iii) if any prepayment of any of its Eurodollar Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by Borrowerthe applicable Borrower or the Borrower Representative.

Appears in 7 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error)pursuant to subsection 2.8, for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowingtherefor, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; therefor, (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice Notice of prepayment Prepayment given by BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Ruths Hospitality Group, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error)pursuant to subsection 2.8, for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowingtherefor, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; therefor, (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Korn Ferry International), Credit Agreement (Ruths Chris Steak House, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender through the Administrative Agent (which request shall set forth the basis for requesting such amounts and shall be conclusive absent and binding in the absence of manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 borrowingNotice, 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 continuationNotice; (ii) if any prepayment or other principal payment of, 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; or (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 Borrowerthe Borrowers.

Appears in 6 contracts

Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest errorin reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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 Term Loan; or (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 the Borrower.

Appears in 5 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp), Credit Agreement (Anthony Crane Rental Holdings Lp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding any loss of anticipated profitsmargin for any period after any failure to borrow, continue or convert any Eurodollar Loans, or any prepayment of Eurodollar Loans described below) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; , or (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 BorrowerCompany.

Appears in 5 contracts

Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Holdings Co)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including without limitation any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Sherman Acquisition Corp), Credit Agreement (Account Portfolios Gp Inc), Security Agreement (Outsourcing Solutions Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 any Borrower.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all actual and reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 continuationNotice; (ii) if any prepayment or other principal payment of, 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; or (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a written notice of prepayment given by the Borrower.

Appears in 5 contracts

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which that 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 of, 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; or (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 Borrower.

Appears in 4 contracts

Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Digitas Inc), Credit Agreement (Express Scripts Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its Eurodollar LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar LIBOR 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 LIBOR 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 of, or any conversion of, any of its Eurodollar LIBOR Rate Loans occurs on a date prior to any day other than the last day of an Interest Period applicable to that LoanLoan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by BorrowerCompany.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Madison Square Garden Co), Financing Agreement (Global Geophysical Services Inc), Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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 LoanLoan (including, without limitation, pursuant to Section 2.13(c) hereof); or (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 BorrowerCompany.

Appears in 4 contracts

Samples: Security Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc), Credit and Guaranty Agreement (X Rite Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender pursuant to subsection 2.8 (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower, or (iv) as a consequence of any other default by Borrower in the repayment of the Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest errorin reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (New Fortress Energy Inc.), Aircraft Mortgage and Security Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Representative shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 BorrowerBorrower Representative.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 the Borrower.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 the Borrower.

Appears in 3 contracts

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc), Term Loan Agreement (Source Interlink Companies Inc), Revolving Credit Agreement (Source Interlink Companies Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 borrowingBorrowing Notice, 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 continuationNotice; (ii) if any prepayment or other principal payment of, 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; or (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 Borrowerthe applicable Borrower or the Borrower Representative. Such Lender shall deliver to the Borrower Representative a written statement setting forth in reasonable detail any amount or amounts such Lender is entitled to receive under this Section 2.18(c), which statement shall be conclusive and binding absent manifest error. The applicable Borrower shall pay such Lender the amount shown as due on any such statement within five (5) Business Days after the Borrower Representative’s receipt of such statement.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustainwill sustain or has sustained: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Smiths Food & Drug Centers Inc), Credit Agreement (Bay Area Warehouse Stores Inc), Credit Agreement (Dominicks Supermarkets Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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-deployment of such funds but excluding loss of anticipated profitsprofits (including the 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 continuationcontinuation (including as a result of any of the events described in Section 2.17(b)); (ii) if any prepayment or other principal payment of, 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 Eurodollar Rate Loan; or (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 the Borrower.

Appears in 3 contracts

Samples: Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.), Intercreditor Agreement (REV Group, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 BorrowerBorrowers.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 such Borrower, or (iv) as a consequence of any other default by such Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (E Spire Communications Inc), Credit Agreement (E Spire Communications Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that LoanLoan (including, without limitation, pursuant to Section 2.13(c) hereof); or (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 BorrowerCompany.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable actual out-of-pocket losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any actual out-of-pocket loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 such Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Solera Holdings, Inc), Credit and Guaranty Agreement (Solera Holdings LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 continuationNotice; (ii) if any prepayment or other principal payment of, 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; or (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 Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Limited Partnership), Credit and Guaranty Agreement (Mills Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 such Borrower.

Appears in 2 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profitsprofits (including, without limitation, the 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 of, 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; or (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 Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Stanadyne Corp), Credit and Guaranty Agreement (Stanadyne Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Granite Broadcasting Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or a rescission pursuant to Section 2.19(b)) 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 of, 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; or (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 Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall Borrowers shall, jointly and severally, compensate each LenderLender (or, as promptly as practicable after if applicable, Administrative Agent), upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error)Person, for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender Person 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 Person in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such Lender Person may sustain: (i) if for any reason (other than a default by such LenderPerson) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowingtherefor, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; therefor, (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerBorrowers, or (iv) as a consequence of any other default by Borrowers in the repayment of Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Covanta Energy Corp), Credit Agreement (Danielson Holding Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding any loss of anticipated profitsmargin for any period after any failure to borrow, continue or convert any Eurodollar Loans, or any prepayment of Eurodollar Loans described below) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding the Notice or a telephonic request for borrowingof Borrowing, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Notice of Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; , or (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 BorrowerCompany.

Appears in 2 contracts

Samples: Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis manner and method of computing such compensation for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including without limitation any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Price Communications Wireless Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such Lenderthat Lender or Administrative Agent) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower, or (iv) as a consequence of any other default by Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Term Credit Agreement (Safeway Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such that Lender pursuant to subsection 2.8 (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerBorrowers, or (iv) as a consequence of any other default by Borrowers in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Farmland Industries Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 the Effective Date Notice or a telephonic request for borrowing, 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 of, 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; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or a rescission pursuant to Section 2.15(b)) 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 of, 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; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (iA) 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; (iiB) if any prepayment or other principal payment of, or any conversion of, any of its Eurodollar Rate Loans (including in connection with the replacement of a Lender pursuant to Section 2.22) occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iiiC) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Digitalglobe Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Term Loan Lender, as promptly as practicable after upon written request by such that Term Loan Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losseslosses (not including lost profits), expenses and liabilities (including any interest paid or calculated to be due and payable by such that Term Loan 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 that Term Loan Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Term Loan Lender may sustain: (i) if for any reason (other than a default by such that Term Loan 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; Continuation, (ii) if any prepayment (including any prepayment pursuant to Section 2.4.B) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Term Loan; or , (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 the Borrower, or (iv) as a consequence of any other default by the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Switch & Data, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower.given

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Medical Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4A(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anthony Crane Holdings Capital Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. A Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans Loans, and any loss, expense or liability sustained by such that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 the Borrower, or (iv) as a consequence of any other default by the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Goss Graphic Systems Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable actual out-of-pocket losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any actual out-of-pocket loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re‑employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 the Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Solera Holdings, Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; Continuation, (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrowerthe Company, or (iv) as a consequence of any other default by the Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (America West Holdings Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Eurocurrency Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any Eurodollar Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurodollar Eurocurrency Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iii) if any prepayment of any of its Eurodollar Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment the Prepayment Notice given by Borrower. With respect to any Lender’s claim for compensation under this Section 2.18, Borrower shall not be required to compensate such Lender for any amount incurred more than 180 calendar days prior to the date that such Lender notifies Borrower of the event that gives rise to such claim.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

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Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (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 Borrowerthe Borrowers; or (iv) as a consequence of any other default by the Borrowers in the repayment of its Eurodollar Rate Loans when required by the terms hereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 the 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 of, 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 LoanLoan (including, without limitation, pursuant to Section 2.10(b) hereof); or (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 BorrowerCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Energy Transfer Partners, L.P.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.. CG&R Draft Last Saved: 12/21/201201/23/2013 11:03 am 8950852v42:57 pm 8597568v15

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender to the Administrative Agent (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan by such Borrower does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4A(i) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (iii) if any prepayment pre-payment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Borrowerthe Borrowers, or (iv) as a consequence of any other default by such Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a Notice of Continuance, as applicable, or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a the date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; therefor, (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan; or , (iii) if any prepayment (including any prepayment pursuant to subsection 2.5B(i)) or other principal payment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Borrowerthe Company or (iv) as a consequence of any other default by the Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Prime Hospitality Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to EXECUTION make or carry its Eurodollar Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Eurocurrency Rate Loan by such Borrower 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 Eurocurrency Rate Loan of such Borrower 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 of, or any conversion of, any of its Eurodollar Eurocurrency Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that LoanLoan (including, without limitation, pursuant to Section 2.13(c) hereof); or (iii) if any prepayment of any of its Eurodollar Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by such Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Autocam International LTD)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such Lender to 50 lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans Loans, any loss, expense or liability sustained by Lender in connection with the liquidation or reemployment of such funds, and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment of such funds but excluding loss of anticipated profitsunder Interest Rate Agreements) 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 of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower, or (iv) as a consequence of any other default by Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Vista Information Solutions Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such Lenderthat Lender or the occurrence of an event described in subsection 2.6C) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodol lar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Players International Inc /Nv/)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required Agreement.

Appears in 1 contract

Samples: Credit Agreement (Benedek License Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender pursuant to subsection 2.8 (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and and, without duplication, any loss, expense or liability sustained by such that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. A Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans Loans, and any loss, expense or liability sustained by such that Lender in connection with the liquidation or deployment re- employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 the Borrower, or (iv) as a consequence of any other default by the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Goss Graphic Systems Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Each Borrower shall compensate each LenderBank, as promptly as practicable after upon written request by such Lender Bank to the Administrative Agent within five (5) Business Days after the applicable event (which request shall set forth the basis for requesting such amounts and shall be conclusive and binding upon all parties hereto absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender Bank to lenders banks of funds borrowed by it to make or carry its Eurodollar Rate LIBOR Loans or Euribor Loans and any loss, expense or liability sustained by such Lender Bank in connection with the liquidation or deployment reemployment of such funds but excluding loss of anticipated profits) which such Lender Bank may sustain: (i) if for any reason (other than a default by such LenderBank) a borrowing of any Eurodollar Rate LIBOR Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, borrowing or a conversion to or continuation of any Eurodollar Rate LIBOR Loan or Euribor 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 conversion or any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate LIBOR Loans or Euribor Loans occurs on a date prior to the last day of an Interest Period applicable to that LoanLoan (including, without limitation, pursuant to Section 2.18(b) hereof); or (iii) if any prepayment of any of its Eurodollar Rate LIBOR Loans or Euribor Loans is not made on any date specified in a notice of prepayment given by such Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such Lenderthat Lender or the occurrence of an event described in subsection 2.6C) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Players International Inc /Nv/)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower.the Company, or

Appears in 1 contract

Samples: Credit Agreement (FWT Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower, or (iv) as a consequence of any other default by Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Company Credit Agreement (Wj Communications Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and CREDIT AND GUARANTY AGREEMENT EXECUTION 86 liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) which that 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 of, of 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; or (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 Borrowerthe Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that Lender to lenders the Lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any loss, expense or liability sustained by such that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor therefore in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B) or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Microclock Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or a rescission pursuant to Section 2.17(b)) 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 of, 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; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Parent Borrower shall compensate each applicable Lender, as promptly as practicable after within 30 days of a written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts amounts, and which shall be conclusive presumptively correct absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Euro Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainactually sustains: (i) if for any reason (other than a default by such Lender or such Lender becoming an Affected Lender) a borrowing of any Eurodollar Euro 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 Euro 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 of, or any conversion of, any of its Eurodollar Euro Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iii) if any prepayment of any of its Eurodollar Euro Rate Loans is not made on any date specified in a notice of prepayment given by such Borrower; or (iv) as a result of the CAM Exchange.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (CommScope Holding Company, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any reasonable loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profitsprofits (but without giving effect to any “floor” set forth therein) 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 of, 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; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: sustain (i) if for any reason (other than as a default by such Lender) a borrowing result of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice the Borrower’s action or a telephonic request for borrowing, or omission 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 of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (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 Borrowerthe Borrower or as a consequence of any default by the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms thereof.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or a rescission pursuant to Section 2.14(b)) 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 of, 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 Revolving Loan; or (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 Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting request- ing such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion conver- sion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower., or (iv) as a consequence of any other default by Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement. E.

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 the Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable actual losses, expenses and liabilities as reasonably determined, including by ratable allocation (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re‑employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Eurocurrency 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 Eurocurrency 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 of, or any conversion of, any of its Eurodollar Eurocurrency Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iii) if any prepayment of any of its Eurodollar Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The BorrowersBorrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender through the Administrative Agent (which request shall set forth the basis for requesting such amounts and shall be conclusive absent and binding in the absence of manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 borrowingNotice, 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 continuationNotice; (ii) if any prepayment or other principal payment of, 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; or (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 Borrowerthe BorrowersBorrower .

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 such conversion or continuation; (ii) if any prepayment or other principal payment of, 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 Loanthose Term Loans; or (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 BorrowerCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J Crew Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrower, or (iv) as a consequence of any other default by Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Eldorado Resorts LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable actual losses, expenses and liabilities as reasonably determined, including by ratable allocation (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its Eurodollar Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurodollar Eurocurrency 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 Eurocurrency 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 of, or any conversion of, any of its Eurodollar Eurocurrency Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or (iii) if any prepayment of any of its Eurodollar Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by Borrower.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Company shall compensate each U.S. Lender and the Canadian Borrowers shall compensate each Canadian Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable 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 deployment re-employment of such funds but excluding loss of anticipated profitsprofits including, without limitation, the 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 of, 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; or (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 Borrowerthe Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Easton-Bell Sports, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing 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 Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan; or , (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 BorrowerCompany, or (iv) as a consequence of any other default by Company to repay its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Libbey Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower The Company shall compensate each Lender, as promptly as practicable after upon written request by such that Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that 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 that Lender in connection with the liquidation or deployment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that 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 borrowingof Borrowing, or a conversion to or continuation of any Eurodollar Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; Continuation, (ii) if any prepayment or other principal payment of, or any conversion of, of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan; or , (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 Borrowerthe Company, or (iv) as a consequence of any other default by the Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (America West Holdings Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower Borrowers shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or a rescission pursuant to Section 2.18(b)) 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 of, 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; or (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 any Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allied Holdings Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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; or (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 Borrower; or (iv) any prepayment of any of its Eurodollar Rate Loans is made on less than three Business Days’ notice pursuant to Section 2.13(a)(iii)(2).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Global Crossing LTD)

Compensation for Breakage or Non-Commencement of Interest Periods. Borrower NewPageCo shall compensate each Lender, as promptly as practicable after upon written request by such Lender (which request shall set forth the basis for requesting such amounts and shall be conclusive absent manifest erroramounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders 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 deployment re-employment of such funds but excluding loss of anticipated profits) 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 of, 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 Term Loan; or (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 BorrowerNewPageCo.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

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