Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustained: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Dominicks Supermarkets Inc), Credit Agreement (Smiths Food & Drug Centers Inc), Credit Agreement (Bay Area Warehouse Stores Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company A Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Offshore Rate Loans Loans, and any loss, expense or liability sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Offshore Rate Loan does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Offshore Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Offshore Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Offshore Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower, or (iv) as a consequence of any other default by Company the Borrower in the repayment of its Eurodollar Offshore Rate Loans when required by the terms of this Agreement.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement (Goss Graphic Systems Inc), Multicurrency Credit Agreement (Goss Graphic Systems Inc), Multicurrency Credit Agreement (Goss Holdings Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts)pursuant to subsection 2.8, for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowingtherefor, or a conversion to or continuation of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation or a telephonic request for conversion or continuationtherefor, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR 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, (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 CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Courtside Acquisition Corp), Credit Agreement (Wellsford Real Properties Inc), Credit Agreement (Brand Services)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that such Lender (which request shall set setting forth in reasonable detail the basis for requesting such amounts), for all reasonable lossescosts, expenses and liabilities (including, without limitation, including any interest paid by that such Lender to lenders of funds borrowed by it to make or carry its Eurodollar LIBOR Rate Loans and any losscosts, expense or liability sustained by that such Lender in connection with the liquidation or re-employment of such funds) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) borrowing, or a borrowing conversion to or continuation of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing or a Notice of Conversion/Continuance, as applicable, or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar LIBOR Rate Loan does not occur on a the date specified therefor in a Notice of Conversion/Continuation or a telephonic request for conversion or continuationtherefor, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to that is not the last day of an Interest Period applicable to that Loan, (iii) if any prepayment (including any prepayment pursuant to Section 2.9.1.1 or Section 2.9.1.4) or other principal payment of any of its Eurodollar LIBOR Rate Loans is not made by Borrower on any date specified in a notice of prepayment given by Company, Borrower or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust), Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust), Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust)
Compensation for Breakage or Non-Commencement of Interest Periods. Company The applicable Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, costs and expenses and liabilities (including, without limitation, any interest paid sustained by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans (including losses, costs and any loss, expense or liability expenses actually sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain deposits or has sustained: other funds acquired by it to make or carry the subject LIBOR Loans but excluding any loss of anticipated profits): (i) if for any reason (other than a default by that LenderLender or Administrative Agent) a borrowing of any Eurodollar Rate LIBOR Loan by such Borrower does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate LIBOR Loan by such Borrower does not occur on a date specified therefor in a Notice of Conversion/Continuation 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 or any conversion of any of its Eurodollar Rate such Borrower's LIBOR Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, Loan or (iii) if any prepayment of any of its Eurodollar Rate such Borrower's LIBOR Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreementsuch Borrower.
Appears in 3 contracts
Samples: Credit Agreement (NXS I LLC), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, costs and expenses and liabilities (including, without limitation, any interest paid sustained by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans (including losses, costs and any loss, expense or liability expenses actually sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain deposits or has sustained: other funds acquired by it to make or carry the subject LIBOR Loans but excluding any loss of anticipated profits): (i) if for any reason (other than a default by that LenderLender or Administrative Agent) a borrowing of any Eurodollar Rate LIBOR Loan by Borrower does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate LIBOR Loan by Borrower does not occur on a date specified therefor in a Notice of Conversion/Continuation 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 or any conversion of any of its Eurodollar Rate Borrower's LIBOR Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, Loan or (iii) if any prepayment of any of its Eurodollar Rate Borrower's LIBOR Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this AgreementBorrower.
Appears in 2 contracts
Samples: Credit Agreement (Boyds Collection LTD), Credit Agreement (Boyds Collection LTD)
Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts)pursuant to subsection 2.8, for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuationtherefor, (ii) if any prepayment (including any prepayment or conversion occasioned by the circumstances described in subsection 2.6C) or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (PRA International), Credit Agreement (Ackerley Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate LIBOR Loans and any loss, expense or liability sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation 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 or any conversion of any of its Eurodollar Rate LIBOR Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate LIBOR Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar Rate LIBOR Loans when required by the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Winsloew Furniture Inc), Credit Agreement (Winsloew Furniture Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrowers, or (iv) as a consequence of any other default by Company Borrowers in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership), Credit Agreement (Northland Cable Properties Six LTD Partnership)
Compensation for Breakage or Non-Commencement of Interest Periods. Company The applicable Borrower shall compensate each US Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any loss, expense or 63 liability sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companya Borrower, or (iv) as a consequence of any other default by Company a Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Priority Secured Credit Agreement (Loews Cineplex Entertainment Corp)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid or calculated to be due and payable by that 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 that such Lender in connection with the liquidation or re-employment reemployment of such fundsfunds but excluding loss of anticipated profits) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lendersuch Lender or pursuant to Section 2.14(a)(ii)) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowingFunding Notice, or a conversion to or continuation of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation or a telephonic request for conversion or continuation, Notice; (ii) if any prepayment or other principal payment of, or any conversion of 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 Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this AgreementBorrowers.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any additional interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrowers, or (iv) as a consequence of any other default by Company Borrowers in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.given
Appears in 1 contract
Samples: Credit Agreement (Atlas Air Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that such Lender in connection with the liquidation or re-employment of such fundsfunds but excluding loss of anticipated profits) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that 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 or (pursuant to Section 2.24(b)) assignment 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 Company, or Borrower (iv) as a consequence of any other default notwithstanding that such notice may subsequently be rescinded to the extent permitted by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this AgreementSection 2.13).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-re- employment of such funds) which that Lender will sustain or has sustained: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds, but not including loss of profits) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuationcontinuation (unless such borrowing or conversion does not occur by reason of the inability to determine the applicable interest rate as provided in subsection 2.6B and the illegality or impracticability to make Eurodollar Rate Loans as provided in subsection 2.6C), (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds, but not including loss of profits) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Term Loan, (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 CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Beasley Broadcast Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sus tain: (i) if for any reason (other than a default by that Lender or events described in subsection 2.6C above with respect to such Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 the Notice of Borrowing or a Notice of Conversion/Continuation Continuance, as applicable, or a telephonic request for borrowing, or a conversion to or continuationcontin uation of any Eurodollar Rate Loan does not occur on the date specified therefor, (ii) if any prepayment or other principal payment or any conversion 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, (iii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i) or subsection 2.4B(iii)) or other principal payment of any of its Eurodollar Rate Loans is not made by the Borrower on any date specified in a notice of prepayment given by Company, the Borrower or (iv) as a consequence of any other default by Company the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Capstar Hotel Co)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amountsamounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid or calculated to be payable by that 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 that such Lender in connection with the liquidation or re-employment re‑employment of such fundsfunds but excluding loss of anticipated profits, which calculations shall take into account any minimum rates then applicable pursuant to the definition of the Adjusted Eurodollar Rate) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that 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 Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this AgreementBorrower.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that such Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate Loans and any loss, expense expense, or liability sustained by that such Lender in connection with the liquidation or re-employment reemployment of such funds) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that such Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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/Conversion/ Continuation or a telephonic request for conversion or continuation, continuation (iiunless such borrowing or conversion does not occur by reason of the inability to determine the applicable interest rate as provided in SECTION 2.6(b) if any prepayment and the illegality or other principal payment or any conversion of any of its impracticability to make Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified as provided in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.CREDIT AGREEMENT
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrowers shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that such Lender in connection with the liquidation or re-employment of such fundsfunds but excluding loss of anticipated profits) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that 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 or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, ; (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, the Borrowers; or (iv) as a consequence of any other default by Company the Borrowers in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreementhereof.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts)pursuant to subsection 2.8, for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuationtherefor, (ii) if any prepayment or other principal payment or any conversion 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, (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 CompanyBorrowers, or (iv) as a consequence of any other default by Company Borrowers in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. The Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.or
Appears in 1 contract
Samples: Credit Agreement (FWT Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation 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 or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar LIBOR Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that LenderLender or Administrative Agent) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower, or (iv) as a consequence of any other default by Company 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. Company shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail writing the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that Lender to lenders of funds borrowed by it to make or carry its Eurodollar Rate LIBOR Loans and any lossloss (excluding any anticipated profit associated with the Pricing Margin), expense or liability sustained by that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any Eurodollar Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate LIBOR Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate LIBOR Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its Eurodollar Rate LIBOR Loans when required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Oakley Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, including any interest paid by that 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 that such Lender in connection with the liquidation or re-employment of such fundsfunds but excluding loss of anticipated profits) which that such Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that 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 or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, ; (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company, Borrower; or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreementhereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Gabriel Communications Inc /De/)
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by that 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 that Lender in connection with the liquidation or re-employment of such funds, but not including loss of profits) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar LIBOR Rate Loan does not occur on a date specified therefor in a Notice of Borrowing 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 Notice of Conversion/Continuation or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar LIBOR Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrowers, 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.by
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company A Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-re- employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower, or (iv) as a consequence of any other default by Company the Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by that Lender (which request shall set forth in reasonable detail the basis for requesting request- ing such amounts), for all reasonable losses, expenses and liabilities (including, without limitation, any interest paid by 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 that Lender in connection with the liquidation or re-employment of such funds) which that Lender will sustain or has sustainedmay sustain: (i) if for any reason (other than a default by that Lender) a borrowing of any Eurodollar Rate Loan does not occur on a date specified therefor in a 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 or a telephonic request for conversion conver- sion or continuation, (ii) if any prepayment or other principal payment or any conversion of any of its Eurodollar Rate Loans occurs on a date prior to the last day of an Interest Period applicable to that Loan, (iii) if any prepayment of any of its Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower, or (iv) as a consequence of any other default by Company Borrower in the repayment of its Eurodollar Rate Loans when required by the terms of this Agreement.. E.
Appears in 1 contract