Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Funding Segment of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to another interest rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Funding Period (the date such amount so becomes due, or is so paid, prepaid or converted, being referred to as the "Funding Breakage Date"), the applicable Borrower shall pay each Bank an amount ("Funding Breakage Indemnity") determined by such Bank as follows:
(i) first, calculate the following amount: (A) the principal amount of such Funding Segment of the Loans owing to such Bank which so became due, or which was so paid, prepaid or converted, times (B) the greater of (x) zero or (y) the rate of interest applicable to such principal amount on the Funding Breakage Date minus the Treasury Rate as of the Funding Breakage Date, times (C) the number of days from and including the Funding Breakage Date to but not including the last day of such Funding Period, times (D) 1/360;
(ii) the Funding Breakage Indemnity to be paid by such Borrower to such Bank shall be the amount equal to the present value as of the Funding Breakage Date (discounted at the Treasury Rate as of such Funding Breakage Date, and calculated on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed) of the amount described in the preceding clause (i) (which amount described in the preceding clause (i) is assumed for purposes of such present value calculation to be payable on the last day of the corresponding Funding Period). Such Funding Breakage Indemnity shall be due and payable on demand, and each Bank shall, upon making such demand, notify the Agent of the amount so demanded. In addition, such Borrower shall, on the due date for payment of any Funding Breakage Indemnity, pay to such Bank an additional amount equal to interest on such Funding Breakage Indemnity from the Funding Breakage Date to but not including such due date at the Alternate Base Rate Option applicable to Loans (calculated on the basis of a year of 360 days and actual days elapsed). The amount payable to each Bank under this Section 2.10(b) shall be determined in good faith by such Bank, and such determination shall be conclusive.
Funding Breakage. In addition to the compensation required under Section 2.13(a) hereof, the Borrower shall indemnify each Lender against any loss or expense (including loss of margin) which such Lender has incurred as a consequence of:
(i) any payment, prepayment or conversion of any part of any Funding Segment of any CD Rate Portion or Euro- Rate Portion of the Loans on a day other than the last day of the corresponding Funding Period or any prepayment of any Competitive Bid Loan or any Short Term Advance (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due),
(ii) any attempt by the Borrower to revoke (expressly, by later inconsistent notices or otherwise) in whole or in part any notice stated herein to be irrevocable (the Funding Agent having in its sole discretion the options (A) to give effect to such attempted revocation provided that indemnity under this Section 2.13(b) is obtained or (B) to treat such attempted revocation as having no force or effect, as if never made), or
(iii) any failure of the Borrower to pay when due (by acceleration or otherwise) any principal, interest, commitment fee, facility fee or any other amount due hereunder or under any Note. If any Lender sustains or incurs any such loss or expense it shall from time to time notify the Borrower and the Funding Agent in writing setting forth in reasonable detail the amount determined in good faith by such Lender (which determination shall be conclusive absent manifest error) to be necessary to indemnify such Lender for such loss or expense. Such amount shall be due and payable by the Borrower to the Funding Agent for the account of such Lender, five Business Days after such notice is given.
Funding Breakage. In addition to the compensation required under Section 7.1, the Borrower agrees to pay all reasonable administrative fees charged by Lender and indemnify each Lender against any loss or expense (including loss of margin) which such Lender has incurred as a consequence of any payment or prepayment of any Loan on a day other than the last day of the corresponding Interest Period (whether or not such payment is mandatory or automatic and whether or not such payment or prepayment is then due). If any Lender sustains or incurs any such loss or expense or if Lender has charged the Borrower for an administrative expense it shall from time to time promptly notify the Borrower and the Agent in writing setting forth in reasonable detail the amount determined in good faith by such Lender (such determination shall be conclusive absent manifest error) to be necessary to indemnify such Lender for such loss or expense and the amount of such administrative expense. Such amount shall be due and payable by the Borrower to the Agent for the account of such Lender, five Business Days after such notice is given.
Funding Breakage. If any repayment of principal with respect to any part of any Funding Segment of any Euro-Rate Portion or CDOR Portion of the Loans (other than Swingline Loans) is made on a day other than on the last day of the corresponding Funding Period, or any prepayment of principal with respect to any Competitive Bid Loan is made, as a result of an acceleration of the maturity thereof pursuant to Section 9.02 or for any other reason, or if any Borrower fails to borrow after giving notice of borrowing, the Parent shall reimburse each Lender on demand for any loss incurred by such Lender as a result of the timing of such payment, prepayment or failure, including (without limitation) any loss incurred in liquidating or employing deposits from third parties but excluding loss of margin for the period after such payment, prepayment or failure; provided that such Lender shall have delivered to the Parent a certificate setting forth the basis for determining such loss, which certificate shall be conclusive in the absence of manifest error.
Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Funding Segment of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to the Base Rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Euro-Rate Funding Period (the date such amount so becomes due, or is so paid, prepaid or converted, being referred to as the "Funding Breakage Date"), the Borrower shall pay each Lender an amount ("Funding Breakage Indemnity") determined by such Lender by calculating the following amount: (A) the principal amount of such Funding Segment of the Loans owing to such Lender which so became due, or which was so paid, prepaid or converted, times (B) the greater of (x) zero or (y) the rate of interest applicable to such principal amount on the Funding Breakage Date minus the market LIBID Rate as of the Funding Breakage Date, times (C) the number of days from and including the Funding Breakage Date to but not including the last day of such Funding Period, times (D) 1/360. Such Funding Breakage Indemnity shall be due and payable on demand and each Lender shall, upon making such demand, notify the Agent of the amount so demanded. The amount payable to the Lender under this Section 2.10(b) shall be determined in good faith by such Lender, and such determination shall be conclusive absent manifest error.
Funding Breakage. If any repayment of principal with respect to any part of any Funding Segment of any Euro-Rate Portion of the Loans is made on a day other than on the last day of the corresponding Funding Period, or any prepayment of principal with respect to any Competitive Bid Loan is made, as a result of an acceleration of the maturity thereof pursuant to Section 9.02 or for any other reason, or if any Borrower fails to borrow after giving notice of borrowing, the Parent shall reimburse each Lender on demand for any loss incurred by such Lender as a result of the timing of such payment, prepayment or failure, including (without limitation) any loss incurred in liquidating or employing deposits from third parties but excluding loss of margin for the period after such payment, prepayment or failure, provided that such Lender shall have delivered to the Parent a certificate setting forth the basis for determining such loss, which certificate shall be conclusive in the absence of manifest error.
Funding Breakage. If (i) any Borrower fails to borrow, convert or renew any Loan hereunder which would, after such borrowing, conversion or renewal, have a Euro-Rate Portion, after notice requesting such borrowing, conversion or renewal has been given by such Borrower (whether such failure results from failure to satisfy applicable conditions to such borrowing, conversion, or renewal or otherwise), or (ii) any part of any Funding Segment of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to another interest rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Funding Period, such Borrower shall indemnify the Banks on demand against any loss, liability, cost or expense of any kind or nature which the Banks may sustain or incur in connection with or as a result of such event. Such indemnification in any event shall include an amount equal to the excess, if any, of (i) the aggregate amount of interest which would have accrued on the amount of the Euro-Rate Portion not so borrowed, converted or renewed, or which so becomes due, or which is so paid, prepaid or converted,
Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to another interest rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Funding Period, the Borrowers, jointly and severally, shall pay each Lender an amount determined as provided below in this Section 2.12(b). Furthermore, in addition to all other amounts payable hereunder, if Standard Notice has been given for the conversion to or renewal of the Euro-Rate Option or for the making of any Loan to which the Euro-Rate Option shall be applicable in whole or in part and (x) a Borrower attempts to revoke (expressly, by later inconsistent notices or otherwise) such Standard Notice or (y) (A) an applicable condition precedent is not satisfied and (B) such conversion or renewal does not take place as specified in such Standard Notice or (z) (A) an applicable condition precedent is not satisfied and (B) the Euro-Rate Portion of such Loan is not made as specified in such Standard Notice, then in each case the Borrowers, jointly and severally, shall pay each Lender an amount determined as provided below in this Section 2.12(b) if such Lender has delivered to Genesis, on behalf of the Borrowers, and to the Agent a certificate stating that such Lender has incurred costs as a result of the events described in this sentence.
Funding Breakage. If any payment with respect to a LIBO Rate ---------------- Advance is made on any day other than the last day of the Interest Period applicable to such Advance or if Lessee fails to borrow any LIBO Rate Advance or convert to LIBO Rate Advance, after notice has been given with respect thereto, Lessee shall reimburse each Participant on demand for any resulting loss or expense incurred by such Participant, including, without limitation, any loss incurred in obtaining, liquidating or employing deposits for third parties; provided that such -------- Participant shall have delivered to Lessee a certificate as to the amount of such loss, which certificate shall be conclusive in the absence of manifest error.
Funding Breakage. Section 2.10(b) of the Credit Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
