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).

Appears in 2 contracts

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

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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).

Appears in 1 contract

Samples: Credit Agreement (Omega Healthcare Investors Inc)

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for Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the 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:: ​ (a) any continuation, conversion, payment or prepayment of any Loan bearing interest at Term SOFR other than a 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 any 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 an ABR Loan on the date or in the amount notified by the Company or the applicable Borrower; or (c) any assignment failure by any Borrower to make payment of Loans bearing any Loan or drawing under any Letter of Credit (or interest at Term SOFR other than the last day of the Interest Period therefor as due thereon) denominated in an Alternative Currency on its scheduled due date or any payment thereof in a result of a request by 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 bearing interest at Term SOFR 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 applicable 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 Borrowers 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 Eurocurrency Rate Loan made by it at the Libor Rate, or Base the EURIBOR Rate, as applicable, for such Loan by a matching deposit or other borrowing in the applicable offshore interbank market for such currency for a comparable amount and for a comparable period, whether or not such Eurocurrency Rate Loan (if any)was in fact so funded.” ​

Appears in 1 contract

Samples: Credit Agreement (Allied Motion Technologies Inc)

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