Common use of Funding Indemnification Clause in Contracts

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 5 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Unsecured Revolving Credit Agreement (Susa Partnership Lp), Credit Agreement (Washington Real Estate Investment Trust)

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Funding Indemnification. If any payment to Lenders of a ratable LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a ratable LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the ratable LIBOR Advance.

Appears in 4 contracts

Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc), Credit Agreement (Equity Inns Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable LIBOR Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lendersreason, the Borrower will indemnify each Lender pay to the Agent for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired the benefit of the applicable Lenders the Break-up Fee upon the Borrower's receipt of the written notice pursuant to fund or maintain the LIBOR AdvanceSection 4.5.

Appears in 4 contracts

Samples: Revolving Credit Agreement (RFS Hotel Investors Inc), Assignment Agreement (RFS Hotel Investors Inc), Assignment Agreement (RFS Hotel Investors Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, or a LIBOR Advance is not prepaid on the date specified by the Borrower for any reason, the Borrower will indemnify each Lender for any actual and verifiable loss or cost incurred by it resulting therefrom, including, without limitation, any actual and verifiable loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 3 contracts

Samples: Credit Agreement (FBL Financial Group Inc), Credit Agreement (Argonaut Group Inc), Credit Agreement (Insurance Auto Auctions Inc /Ca)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable LIBOR Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will indemnify and hold harmless each Lender for from and against any loss loss, damage, expense or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss loss, damage, expense or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 3 contracts

Samples: Assignment Agreement (Great Lakes Reit), Assignment Agreement (Great Lakes Reit Inc), Assignment Agreement (Great Lakes Reit Inc)

Funding Indemnification. If any payment of a ratable LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a ratable LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the ratable LIBOR Advance.

Appears in 3 contracts

Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Assignment Agreement (Equity Inns Inc), Assignment Agreement (Equity Inns Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 3 contracts

Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Credit Agreement (BJS Wholesale Club Inc), Revolving Credit Agreement (Centerpoint Properties Trust)

Funding Indemnification. If any payment of a LIBOR Rate Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment prepayment, conversion or otherwise, or a LIBOR Rate Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify indemnifies each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Rate Advance.

Appears in 3 contracts

Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost or expense incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 2 contracts

Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 2 contracts

Samples: Credit Agreement (Ohio Casualty Corp), Credit Agreement (American Medical Security Group Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the LendersBanks, the Borrower will indemnify each Lender Bank for any loss or cost or expense incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 2 contracts

Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)

Funding Indemnification. If any payment (whether mandatory or ----------------------- optional) of a LIBOR Advance occurs on a date which is not the last day of the applicable LIBOR Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 2 contracts

Samples: Assignment Agreement (Finish Line Inc /De/), Credit Agreement (Finish Line Inc /De/)

Funding Indemnification. If any payment of a LIBOR Advance occurs on ----------------------- a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (National Golf Properties Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date ----------------------- dare which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Golf Properties Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by Borrower (or the Borrower Trustee on behalf of Borrower) for any reason other than default by the LendersBanks, the Borrower will indemnify each Lender Bank for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefromtherefrom (specifically excluding the spread over the LIBOR Base Rate), including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Susa Partnership Lp)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable LIBOR Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Duke Weeks Realty Limited Partnership)

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Funding Indemnification. If any payment of a LIBOR Advance occurs on ----------------------- a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation,, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Assignment Agreement (Washington Real Estate Investment Trust)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the LendersBanks, the Borrower will indemnify each Lender Bank for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Assignment Agreement (Ipalco Enterprises Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on ----------------------- a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment for any reason (including, without limitation, a prepayment required under Section 8.13 hereof) or otherwise, or a ------------ LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Rouse Company)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the LendersBanks, the Borrower will indemnify each Lender Bank for any loss or cost or expense incurred by it resulting therefrom, including, without limitation, any loss or cost of re-employment of funds at a lower rate of interest or in liquidating or employing deposits acquired required to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Biltmore South Corp)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will shall indemnify and hold harmless each Lender for from and against any loss loss, damage, expense or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss loss, damage, expense or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (LNR Property Corp)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower (or the Trustee on behalf of the Borrower) for any reason other than default by the LendersBanks, the Borrower will indemnify each Lender Bank for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises, Inc.)

Funding Indemnification. If any payment of a an LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of accelerationprepayment, prepayment acceleration or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than a default by the LendersBank, the Borrower will indemnify each Lender the Bank for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seitel Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable LIBOR Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it such Lender resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Equity Inns Inc)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by one or more of the Lenders, the Borrower will shall indemnify and hold harmless each Lender for from and against any loss loss, damage, expense or cost incurred by it such Lender resulting therefrom, includingincluding any loss, without limitationdamage, any loss expense or cost in liquidating or employing deposits acquired to fund or maintain the LIBOR Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (LNR Property Corp)

Funding Indemnification. If any payment of a LIBOR Advance occurs on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will shall indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (State Auto Financial Corp)

Funding Indemnification. If any payment of a LIBOR Advance occurs ----------------------- on a date which is not the last day of the applicable Interest Period, whether because of acceleration, prepayment or otherwise, or a LIBOR Advance is not made on the date specified by the Borrower for any reason other than default by the Lenders, the Borrower will indemnify each Lender for any loss or cost incurred by it resulting therefrom, including, without limitation, any loss or cost in liquidating or employing deposits acquired to fund or maintain the such LIBOR Advance.

Appears in 1 contract

Samples: Credit Agreement (Ohio Casualty Corp)

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