Common use of for Losses Clause in Contracts

for Losses. Upon demand of any Lender (with a copy to the Agent) from time to time, the Borrowers shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: DB1/ 133985272.1133985272.4 ​ ​ (a) any continuation, Conversion, payment or prepayment of any Loan 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 Borrowers (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 the Lead Borrower; or (c) any assignment of a LIBOR RateTerm SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Lead 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 or from fees payable to terminate the deposits from which such funds were obtained. The Borrowers shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrowers to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR Rate Loan made by it at the LIBOR Rate for such Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and for a comparable period, whether or not such LIBOR Rate Loan was in fact so funded.

Appears in 1 contract

Samples: Credit Agreement (LL Flooring Holdings, Inc.)

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for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: DB1/ 133985272.1133985272.4 ​ ​: (a) any continuation, Conversionconversion, payment or prepayment of any Loan 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 Borrowers (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or Convert convert any Loan other than a Base Rate Loan on the date or in the amount notified by the Lead Borrower; or (c) any assignment of a LIBOR RateTerm SOFR LIBO RateSOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Lead Borrower pursuant to Section 10.13; including any reasonably calculable loss of anticipated profits and any actual loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or from fees payable to terminate the deposits from which such funds were obtained. The Borrowers shall also pay any customary administrative fees charged by such Lender in connection with the foregoing, provided such administrative charges are associated with the foregoing but not duplicative of the compensation for such loss, cost or expense otherwise described in this Section 3.05. For purposes of calculating amounts payable by the Borrowers to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR LIBO Rate Loan made by it at the LIBOR LIBO Rate for such Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and for a comparable period, whether or not such LIBOR LIBO Rate Loan was in fact so funded. Anything to the contrary contained herein notwithstanding, neither Administrative Agent, nor any Lender, nor any of their Participants, is required actually to acquire eurodollar deposits to fund or otherwise match fund any Obligation as to which interest accrues based on Term SOFR or the LIBOTerm SOFR Reference Rate.

Appears in 1 contract

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers Company shall promptly compensate (or cause the applicable Designated Borrower to compensate) such Lender for and hold such Lender harmless from any out-of-pocket loss, cost or expense incurred by it as a result of: DB1/ 133985272.1133985272.4 ​ ​ (a) any continuation, Conversionconversion, payment or prepayment of any Loan Loan, other than a Base Rate Loan, a LIBOR Daily RateSOFR Loan or an Alternative Currency Daily Rate Loan, on a day other than the last day of the any Interest Period Period, relevant interest payment date or payment period, as applicable, for such Loan Loan, if applicable (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise);; ​ (b) any failure by the Borrowers Company (or the applicable Designated Borrower) (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or Convert convert any Loan Loan, other than a Base Rate Loan, a LIBOR Daily RateSOFR Loan or an Alternative Currency Daily Rate Loan, on the date or in the amount notified by the Lead Company or the applicable Designated Borrower; or; (c) any assignment of a LIBOR Eurodollar RateTerm SOFR Loan or an Alternative Currency Term Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Lead Borrower Company 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 and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or from fees payable to terminate the deposits from which such funds were obtainedobtained but excluding any loss of anticipated profits or from the performance of any foreign exchange contract. The Borrowers Company shall also pay (or cause the applicable Designated Borrower to pay) any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrowers Company (or the applicable Designated Borrower) to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR Eurodollar RateTerm SOFR Loan and Alternative Currency Term Rate Loan made by it at the LIBOR Rate Eurodollar RateTerm SOFR or the Alternative Currency Term Rate, as applicable, for such Loan by a matching deposit or other borrowing in the London offshore interbank eurodollar market for such currency for a comparable amount and for a comparable period, whether or not such LIBOR Eurodollar RateTerm SOFR Loan or Alternative Currency Term Rate Loan was in fact so funded.

Appears in 1 contract

Samples: Credit Agreement (Ares Real Estate Income Trust Inc.)

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers applicable 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: DB1/ 133985272.1133985272.4 ​ ​ (a) any continuation, Conversionconversion, payment or prepayment of any Loan other than a Base Rate ABR 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 Borrowers any Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or Convert convert any Loan other than a Base Rate an ABR Loan on the date or in the amount notified by the Lead Company or the applicable Borrower; or (c) any assignment failure by any Borrower to make payment of any Loan or drawing under any Letter of Credit (or interest due thereon) denominated in an Alternative Currency on its scheduled due date or any payment thereof in a LIBOR RateTerm SOFR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Lead Borrower pursuant to Section 10.13different currency; including any loss of anticipated profits profits, any foreign exchange losses and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or Loan, from fees payable to terminate the deposits from which such funds were obtainedobtained or from the performance of any foreign exchange contract. The Borrowers applicable Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrowers to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR Eurocurrency Rate Loan made by it at the LIBOR applicable Eurocurrency Rate for such Loan, CDOR Rate Loan made by it at the applicable CDOR Rate for such Loan or a SOFR Loan made by it at the applicable Adjusted Term SOFR for such Loan by a matching deposit or other borrowing in the London applicable interbank market for such currency for a comparable amount and for a comparable period, whether or not such LIBOR Eurocurrency Rate Loan, CDOR Loan or SOFR Loan, as applicable, was in fact so funded.

Appears in 1 contract

Samples: Credit Agreement (Allied Motion Technologies Inc)

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for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers 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: DB1/ 133985272.1133985272.4 ​ ​ (a) any continuation, Conversionconversion, payment or prepayment of any Loan other than a Base Rate 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 Borrowers Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, or borrow, continue or Convert 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 Lead 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 a LIBOR 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 Lead 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 or from fees payable to terminate the deposits from which such funds were obtained. The Borrowers Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrowers Borrower to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR Eurodollar Rate Loan made by it at the LIBOR Eurodollar Rate for such Loan by a matching deposit or other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such LIBOR Eurodollar Rate Loan was in fact so funded.. ​

Appears in 1 contract

Samples: Revolving Credit Agreement (Agree Realty Corp)

for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers Company shall promptly compensate (or cause the applicable Designated Borrower to compensate) such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: DB1/ 133985272.1133985272.4 ​ ​: (a) any continuation, Conversionconversion, payment or prepayment of any Loan other than a Base Rate Loan on a day other than the last day of the theany Interest Period Period, if applicable, for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrowers any Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or Convert convert any Loan other than a Base Rate Loan on the date or in the amount notified by the Lead Company or the applicable Designated Borrower; or; (c) any failure by any Borrower to make payment of any Loan or drawing under any Letter of Credit (or interest due thereon) denominated in an Alternative Currency on its scheduled due date or any payment thereof in a different currency; or ​ ​ ​ (d) any assignment of a LIBOR RateTerm EurocurrencyTerm SOFR Loan or an Alternative Currency Term Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Lead Borrower Company pursuant to Section 10.13; including excluding any loss of anticipated profits and but including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or Loan, from fees payable to terminate the deposits from which such funds were obtainedobtained or from the performance of any foreign exchange contract. The Borrowers Company shall also pay (or cause the applicable Designated Borrower to pay) any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrowers Company (or the applicable Designated Borrower) to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each LIBOR EurocurrencyAlternative Currency Term Rate Loan or Term SOFR Loan made by it at the LIBOR EurocurrencyAlternative Currency Term Rate or at Term SOFR for such Loan by a matching deposit or other borrowing in the London offshore interbank market for such currency for a comparable amount and for a comparable period, whether or not such LIBOR EurocurrencyTerm SOFR Loan or Alternative Currency Term Rate Loan was in fact so funded.

Appears in 1 contract

Samples: Credit Agreement (Aecom)

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