Common use of for Losses Clause in Contracts

for Losses. Upon demand of any Lender (with a copy to Administrative Agent) from time to time, Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or convert any Loan on the date or in the amount notified by Borrower; or (c) any assignment of Loans bearing interest at Term SOFR other than the last day of the Interest Period therefor as a result of a request by Borrower pursuant to Section 10.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The amounts payable under this Section 3.05 shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any).

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower, on the date or in the amount notified by the Borrower (for a reason other than the failure of such Lender to make a Loan) ), to prepay, borrow, continue or convert any Loan on the date or in the amount notified by BorrowerTerm SOFR Loan; or (c) any assignment of Loans bearing interest at a Term SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05 3.05, each Lender shall never be less than zero deemed to have funded each Term SOFR Loan made by it at the Term SOFR for such Loan by a matching deposit or greater than is permitted by applicable Law. For the avoidance of doubtother borrowing for a comparable amount and for a comparable period, no amounts will be owing under this Section whether or not such Term SOFR Loan was in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any)fact so funded.

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower, on the date or in the amount notified by the Borrower (for a reason other than the failure of such Lender to make a Loan) ), to prepay, borrow, continue or convert any Loan on the date or in the amount notified by BorrowerEurodollar RateTerm SOFR Loan; or (c) any assignment of Loans bearing interest at Term a Eurodollar RateTerm SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The ​ ​ For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05 3.05, each Lender shall never be less than zero deemed to have funded each Eurodollar RateTerm SOFR Loan made by it at the Eurodollar RateTerm SOFR for such Loan by a matching deposit or greater than is permitted by applicable Law. For other borrowing in the avoidance of doubtLondon interbank eurodollar market for a comparable amount and for a comparable period, no amounts will be owing under this Section whether or not such Eurodollar RateTerm SOFR Loan was in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any)fact so funded.

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower, on the date or in the amount notified by the Borrower (for a reason other than the failure of such Lender to make a Loan) ), to prepay, borrow, continue or convert any Loan on the date or in the amount notified by BorrowerEurodollar Rate Loan; or (c) any assignment of Loans bearing interest at Term SOFR a Eurodollar Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05 3.05, each Lender shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR deemed to have funded each Eurodollar Rate Loan made by it at the Eurodollar Rate for such Loan by a matching deposit or Base other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such Eurodollar Rate Loan (if any)was in fact so funded.

for Losses. Upon demand of any Lender (with a copy to Administrative Agent) from time to time, Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any the Term Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such the Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by Borrower (for a reason other than the failure of such Lender to make a its Term Loan) to prepay, borrow, continue or convert any the Term Loan other than a Base Rate Loan on the date or in the amount notified by Borrower; or; (c) any assignment of Loans bearing interest at Term SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by Borrower pursuant to Section 10.13; or (d) any failure by Borrower to make any payment of the Term Loan (or interest due thereof) on its scheduled due date or any payment thereof in a different currency; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such the Term Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The amounts payable under this Section 3.05 shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any).

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower, on the date or in the amount notified by the Borrower (for a reason other than the failure of such Lender to make a Loan) ), to prepay, borrow, continue or convert any Loan on the date or in the amount notified by BorrowerTerm SOFR Loan; or (c) any assignment of Loans bearing interest at a Term SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. ​ ​ The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05 3.05, each Lender shall never be less than zero deemed to have funded each Term SOFR Loan made by it at the Term SOFR for such Loan by a matching deposit or greater than is permitted by applicable Law. For the avoidance of doubtother borrowing for a comparable amount and for a comparable period, no amounts will be owing under this Section whether or not such Term SOFR Loan was in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any)fact so funded.

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:: ​ (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term other than a Base RateTerm SOFR Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise);; ​ (b) any failure by the Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, or borrow, continue or convert any Loan other than a Base Rate Loan a Term SOFR Loan from such Lender on the date or in the amount notified by the Borrower, or to convert a Base Rate Loan or Daily Simple SOFR Loan into a Term SOFR Loan or continue a Term SOFR Loan on the requested date of such conversion or continuation or in the amount notified by the Borrower; oror ​ ​ ​ ​ (c) any assignment of Loans bearing interest at Term a Eurodollar RateTerm SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; ​ including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The ​ For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05 3.05, each Lender shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR deemed to have funded each Eurodollar Rate Loan made by it at the Eurodollar Rate for such Loan by a matching deposit or Base other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such Eurodollar Rate Loan (if any).was in fact so funded. ​

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue prepay or convert any borrow a Term SOFR Loan from such Lender on the date or in the amount notified by the Borrower, or to convert a Base Rate Loan or Daily Simple SOFR Loan into a Term SOFR Loan or continue a Term SOFR Loan on the requested date of such conversion or continuation or in the amount notified by the Borrower; or (c) any assignment of Loans bearing interest at a Term SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.1311.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The amounts payable under this Section 3.05 shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any).

for Losses. Upon demand of any Lender (with a copy to Administrative Agent) from time to time, Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any the Term Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such the Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise);; ​ ​ (b) any failure by Borrower (for a reason other than the failure of such Lender to make a its Term Loan) to prepay, borrow, continue or convert any the Term Loan other than a Base Rate Loan on the date or in the amount notified by Borrower; or; (c) any assignment of Loans bearing interest at Term SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by Borrower pursuant to Section 10.13; or (d) any failure by Borrower to make any payment of the Term Loan (or interest due thereof) on its scheduled due date or any payment thereof in a different currency; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such the Term Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtained. Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. The amounts payable under this Section 3.05 shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR Rate Loan or Base Rate Loan (if any).

for Losses. Upon demand of any Lender (with a copy to Administrative Agent) from time to time, Borrower Omega shall promptly compensate (or cause the applicable Subsidiary Borrower to compensate) such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by Borrower Omega (or the applicable Subsidiary Borrower) (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or convert any Loan other than a Base Rate Loan on the date or in the amount notified by Omega or the applicable Subsidiary Borrower; or; (c) any assignment of Loans bearing interest at a Term SOFR Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by Borrower Omega pursuant to Section 10.13; or (d) any failure by any Borrower to make any payment of any Loan or drawing under any Letter of Credit (or interest due thereof) denominated in an Alternative Currency on its scheduled due date or any payment thereof in a different currency; including any loss of anticipated profits profits, any foreign exchange loss and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan bearing interest at Term SOFR or from fees payable to terminate the deposits from which such funds were obtainedobtained or from the performance of any foreign exchange contract. Borrower Omega shall also pay (or cause the applicable Subsidiary Borrower to pay) any customary administrative fees charged by such Lender in connection with the foregoing. The For purposes of calculating amounts payable by Omega (or the applicable Subsidiary Borrower) to the Lenders under this Section 3.05 3.06, each Lender shall never be less than zero or greater than is permitted by applicable Law. For the avoidance of doubt, no amounts will be owing under this Section in connection with the prepayment of any Daily SOFR deemed to have funded each Term Rate Loan made by it at the Applicable Reference Rate for such Loan by a matching deposit or Base other borrowing in the ​ ​ offshore interbank eurodollar market for such currency for a comparable amount and for a comparable period, whether or not such Term Rate Loan (if any)was in fact so funded.