Common use of Costs, Expenses and Losses Clause in Contracts

Costs, Expenses and Losses. 3.14.1 If IDB or any Participant shall incur cost, expense or loss as a result of the Borrowers: 3.14.1.1 failing to (a) pay any Obligations on the due date therefor; (b) borrow in accordance with any Disbursement Request; (c) make any prepayment in accordance with a notice of prepayment pursuant to Section 3.5 (Voluntary Prepayments) or Section 3.6 (Mandatory Prepayments); or (d) make any repayment or prepayment required pursuant to Section 3.3 (Repayment), Section 3.19 (Illegality) or Section 6.2.15 (Prepayment), as the case may be; 3.14.1.2 prepaying all or any portion of the Loan on a date other than an Interest Payment Date (and for the avoidance of doubt, the making of the Partial Current A Loan Payment pursuant to Section 1.7.1.2 shall not be considered a prepayment); 3.14.1.3 cancelling any or all of the Loans pursuant to Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower); and 3.14.1.4 failing to submit a Disbursement Request for the last Disbursement (a) on or prior to the Commitment Termination Date, or (b) prior to the cancellation of any undisbursed amounts of the A Loan in accordance with Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower), then the Borrowers shall immediately pay, in Dollars, to IDB the amount that IDB shall notify the Borrowers from time to time as being the aggregate of such actual costs, expenses and losses. 3.14.2 For purposes of this Section 3.14 (Costs, Expenses and Losses), “costs, expenses or losses” shall include any interest paid or payable to cover any unpaid amount, any “broken funding” or hedge liquidation costs and any loss, premium, penalty or expense that may be incurred in liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund all or any part of the Loan or a Participation but, in each case, after taking into account any Fixed Rate Breakage Costs received by IDB, and, in the case of a late payment, after taking into account any late payment interest received by IDB under Section 3.12 (Late Charges). IDB’s determination of any “costs, expenses or losses” shall be final and conclusive and bind the Borrower unless the Borrower proves to IDB’s satisfaction that the determination involved manifest error.

Costs, Expenses and Losses. 3.14.1 If IDB or any Participant shall incur incurs cost, expense or loss as a result of the BorrowersBorrower: 3.14.1.1 failing to (a) pay any Obligations on the due date therefor; (b) borrow in accordance with any Disbursement Request; (c) make any prepayment in accordance with a notice of prepayment pursuant to Section 3.5 (Voluntary Prepayments) or Section 3.6 (Mandatory Prepayments); or (d) make any repayment or prepayment required pursuant to Section 3.3 (RepaymentRepayments), Section 3.19 (Illegality) or Section 6.2.15 6.2.8 (Prepayment), as the case may be; 3.14.1.2 pursuant to the terms of this Agreement (a) prepaying all or any portion of the Loan on a date other than an Interest Payment Date Prepayment Date; (and for the avoidance of doubt, the making b) converting all or any portion of the Partial Current A Loan Payment pursuant to Section 1.7.1.2 shall not be considered into a prepayment); 3.14.1.3 fixed rate; (c) cancelling all or any or all portion of the Loans pursuant to Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower); and 3.14.1.4 failing to submit a Disbursement Request for the last Disbursement (a) on or prior to the Commitment Termination DateLoan, or (bd) prior to the cancellation of not borrowing all or any undisbursed amounts portion of the A Loan in accordance with Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower), Loan; then the Borrowers Borrower shall immediately pay, in Dollars, to IDB IDB, the amount that IDB shall notify to the Borrowers Borrower from time to time as being the aggregate of such actual costs, expenses and losses. 3.14.2 For the purposes of this Section 3.14 (Costs3.14, Expenses and Losses), “"costs, expenses or losses” shall " include any interest paid or payable to cover any unpaid amount, any “"broken funding” " or hedge liquidation costs and any loss, premium, penalty or expense that may be incurred in liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund all or any part of the Loan or a Participation but, in each case, after taking into account any Fixed Rate Breakage Costs received by IDB, and, (in the case of a late payment, after taking into account any late payment interest received by IDB under Section 3.12 (Late Charges). IDB’s determination ). 3.14.3 In the case of the Borrower's prepayment of any “part of the Loan on a date other than an Interest Prepayment Date, cancelling all or any portion of the Loan, or not borrowing all or any portion of the Loan, the "costs, expenses or losses” " incurred by IDB shall be final include, and conclusive and bind the Borrower unless shall pay to IDB, in addition to any other amounts payable by the Borrower proves under the preceding clause, the amount determined by IDB to IDB’s satisfaction be equal to the excess, if any, of (i) the amount of interest that would have accrued on the determination involved manifest errorprincipal amount of the Loan, had such prepayment not occurred, at the rate of interest then in effect under Section 3.21 (Interest Rate) for the remainder of the Interest Period during which the relevant repayment is made over (ii) the amount of interest that IDB would earn on such principal amount prepaid for the remainder of such Interest Period if such principal amount were invested for such remaining period at the interest rate that would be bid to IDB from banks in the London interbank market at the time prepayment occurs.

Costs, Expenses and Losses. 3.14.1 If IDB or any Participant shall incur any cost, expense or loss (other than loss of anticipated profits from investments unrelated to the Loan) under the Paying Agency Agreement or as a result of the BorrowersBorrower: 3.14.1.1 failing to (a) pay any Obligations on the due date therefor; (b) borrow in accordance with any Disbursement Request; (c) make any prepayment in accordance with a notice of prepayment pursuant to Section 3.5 (Voluntary Prepayments) or Section 3.6 (Mandatory Prepayments); or (d) make any repayment or prepayment required pursuant to Section 3.3 (Repayment), Section 3.19 (IllegalityRepayments) or Section 6.2.15 3.20 (PrepaymentIllegality), as the case may be; 3.14.1.2 3.14.1. 2 prepaying all or any portion of the Loan on a date other than an Interest Payment Date (and for the avoidance of doubt, the making of the Partial Current A Loan Payment pursuant to Section 1.7.1.2 shall not be considered a prepayment); 3.14.1.3 cancelling any or all of the Loans pursuant to Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower)Date; and 3.14.1.4 failing to submit a Disbursement Request for the last Disbursement (a) on or prior to the Commitment Termination Date, or (b) prior to the cancellation of any undisbursed amounts of the A Loan in accordance with Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower), then the Borrowers Borrower shall immediately pay, within thirty (30) days of IDB’s demand therefor, in Dollars, to IDB the amount that IDB shall notify to the Borrowers Borrower from time to time as being the aggregate of such actual costs, expenses and losses. 3.14.2 For the purposes of this Section 3.14 (Costs, Expenses and Losses), “costs, expenses or losses” shall include any interest paid or payable to cover any unpaid amount, any “broken funding” or hedge liquidation costs and any loss, premium, penalty or expense that may be incurred in liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund all or any part of the Loan or a Participation (but, in each case, after taking into account any Fixed Rate Breakage Prepayment Costs received by IDB, and, in the case of a late payment, after taking into account any late payment interest received by IDB under Section 3.12 3.19 (Late Charges). IDB’s determination of any “costs, expenses or losses” shall be final and conclusive and bind the Borrower unless the Borrower proves to IDB’s satisfaction that the determination involved manifest error.

Costs, Expenses and Losses. 3.14.1 If IDB or any Participant shall incur cost, expense or loss as a result of the Borrowers: 3.14.1.1 failing to (a) pay any Obligations on the due date therefor; (b) borrow in accordance with any Disbursement Request; (c) make any prepayment in accordance with a notice of prepayment pursuant to Section 3.5 (Voluntary Prepayments) or Section 3.6 (Mandatory Prepayments); or (d) make any repayment or prepayment required pursuant to Section 3.3 (Repayment), Section 3.19 (Illegality) or Section 6.2.15 (Prepayment), as the case may be; 3.14.1.2 prepaying all or any portion of the Loan on a date other than an Interest Payment Date (and for the avoidance of doubt, the making of the Partial Current A Date; Loan Payment pursuant to Section 1.7.1.2 shall not be considered a prepayment); 3.14.1.3 cancelling any or all of the Loans pursuant to Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower); and 3.14.1.4 failing to submit a Disbursement Request for the last Disbursement (a) on or prior to the Commitment Termination Date, or (b) prior to the cancellation of any undisbursed amounts of the A Agreement Loan in accordance with Section 3.15 (Suspension or Cancellation by IDB) or Section 3.16 (Cancellation by the Borrower), No. 2028A/OC-AR then the Borrowers shall immediately pay, in Dollars, to IDB the amount that IDB shall notify the Borrowers from time to time as being the aggregate of such actual costs, expenses and losses. 3.14.2 For the purposes of this Section 3.14 (Costs, Expenses and Losses), “costs, expenses or losses” shall include any interest paid or payable to cover any unpaid amount, any “broken funding” or hedge liquidation costs and any loss, premium, penalty or expense that may be incurred in liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund all or any part of the Loan or a Participation but, in each case, after taking into account any Fixed Rate Breakage Costs received by IDB, and, (in the case of a late payment, after taking into account any late payment interest received by IDB under Section 3.12 (Late Charges). IDB’s determination of any “costs, expenses or losses” shall be final and conclusive and bind the Borrower unless the Borrower proves to IDB’s satisfaction that the determination involved manifest error).