Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 13 contracts
Samples: Credit Agreement (FirstEnergy Transmission, LLC), Credit Agreement (Firstenergy Corp), Credit Agreement
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of to fulfill on the date specified for such Conversion to occur pursuant to the provisions of Section 2.10(c)applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion Conversion, as a result of such failure, does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 4 contracts
Samples: Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Jersey Central Power & Light Co)
Failure to Convert. Each notice Notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c2.07(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitmentsthis Agreement.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Firstenergy Corp), Term Loan Credit Agreement (Firstenergy Corp), Term Loan Credit Agreement (FirstEnergy Solutions Corp.)
Failure to Convert. Each notice of Conversion given by any the Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Term Benchmark Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 3 contracts
Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp), Credit Agreement (FirstEnergy Transmission, LLC)
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c2.09(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (FirstEnergy Solutions Corp.)
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrowerthe Company. In the case of any Borrowing that is to comprise a Eurodollar Rate Advances Advance upon Conversion, the applicable Borrower Company agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of to fulfill on the date specified for such Conversion to occur pursuant to the provisions of applicable conditions set forth in this Section 2.10(c)2.10, including, without limitation, including any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances Advance upon such Conversion, when such Conversion Conversion, as a result of such failure, does not occur. Each BorrowerThe Company’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders Lenders, the Issuing Bank and the Administrative Agent under this Agreement and any Note other Loan Document and the termination of the CommitmentsCommitments and the Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Aquila Inc)
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 1 contract
Failure to Convert. Each notice of Conversion given by any the Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 1 contract
Samples: Credit Agreement (Firstenergy Corp)
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c2.09(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 1 contract
Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c2.07(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitmentsthis Agreement.
Appears in 1 contract
Samples: Term Loan Credit Agreement (FirstEnergy Solutions Corp.)
Failure to Convert. Each notice of Conversion given by any the Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar Rate Advances Loans upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of to fulfill on the date specified for such Conversion to occur pursuant to the provisions of Section 2.10(c)applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances Loans upon such Conversion, when such Conversion Conversion, as a result of such failure, does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.
Appears in 1 contract
Samples: Credit Agreement (Toledo Edison Co)