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

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually 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 Eurocurrency Rate Loan does not occur on a date specified therefor in a Borrowing Notice, or a conversion to or continuation of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its 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 Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the 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/)

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Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 5 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all actual and reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Rate Eurodollar Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Rate Eurodollar Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Rate Eurodollar Loan does not occur on a date specified therefor in a Conversion/Continuation Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency Rate Eurodollar 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 Eurocurrency Rate Eurodollar Loans is not made on any date specified in a written notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 5 contracts

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

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment re‑employment of such funds but excluding loss of anticipated profits) which such Lender actually 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 Eurocurrency Rate Loan does not occur on a date specified therefor in a Borrowing Notice, or a conversion to or continuation of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its 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 Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower Representative.

Appears in 3 contracts

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

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

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 applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually 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 Eurocurrency Rate Loan does not occur on a date specified therefor in a Borrowing Notice, or a conversion to or continuation of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its 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 Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 3 contracts

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

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 3 contracts

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

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Each Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders lenders of funds borrowed by it to make or carry its Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its 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 Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower Representativesuch Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment re‑employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 2 contracts

Samples: Term Loan Agreement (Pioneer Energy Services Corp), Credit and Guaranty Agreement (BlueLinx Holdings Inc.)

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Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower Borrowers shall compensate each Lender, upon written request by such Lender through the Administrative Agent (which request shall set forth the basis for requesting and calculation of such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Rate Eurodollar Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancessustains: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Rate Eurodollar Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Rate Eurodollar Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency Rate Eurodollar 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 Eurocurrency Rate Eurodollar Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower Representative.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NRC Group Holdings Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower Company shall compensate each Lender, upon within 30 days written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesincurs: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice 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 Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lenderthe Administrative Agent, upon written request by such any Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders the lenders of funds borrowed by it to make or carry its Eurocurrency Rate Eurodollar Loans and any actual loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds funds, but excluding any loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing Borrowing of any Eurocurrency Rate Eurodollar Loan does not occur on a date specified therefor in a Notice of Borrowing Noticeor a telephonic request for Borrowing, or a conversion to or continuation of any Eurocurrency Rate Eurodollar 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 payment (including any prepayment pursuant to Section 2.4A or other principal payment of, assignment pursuant to Section 2.8 or any Section 10.5B) or conversion of, of any of its Eurocurrency Rate Eurodollar 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 Eurocurrency Rate Eurodollar Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower Borrower, or (iv) as a consequence of any other default by the Borrower Representativein the repayment of their Eurodollar Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Residential Properties Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or payable by such Lender to Lenders of funds borrowed by it to make or carry its Eurocurrency Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment of such funds but excluding loss of anticipated profits) which such Lender actually sustains as a direct result of any of the following circumstancesmay sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Borrowing NoticeFunding Notice or a telephonic request for borrowing, or a conversion to or continuation of any Eurocurrency Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation NoticeNotice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its Eurocurrency 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 Eurocurrency Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower RepresentativeBorrower.

Appears in 1 contract

Samples: Credit Agreement (Intrawest Resorts Holdings, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. The applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid by such Lender to Lenders of funds borrowed by it to NY\5627635.16 make or carry its Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re-employment re‑employment of such funds but excluding loss of anticipated profits) which such Lender actually 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 Eurocurrency Rate Loan does not occur on a date specified therefor in a Borrowing Notice, or a conversion to or continuation of any Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its 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 Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the applicable Borrower or the Borrower Representative.

Appears in 1 contract

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

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