Common use of Funding Indemnity Clause in Contracts

Funding Indemnity. In the event the Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the Lender, the Company shall pay to the Lender such amount as will reimburse the Lender for such loss, cost or expense. If the Lender requests such reimbursement under this Section, it shall provide to the Company a certificate setting forth the computation of the loss, cost, or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error).

Funding Indemnity. In the event the Lender Bank shall incur any lossloss (other than lost profits), cost cost, or expense (including, without limitation, any loss (including loss of profit)loss, cost cost, or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the Lender Bank to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the LenderBank) as a result of: (i) any payment or conversion of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions provision of this Agreement; or (ii) any failure by the Company either Borrower to create, borrow, continue continue, or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the LenderBank, the Company Borrowers shall pay to the Lender Bank such amount as will reimburse the Lender Bank for such loss, cost cost, or expense. If the Lender Bank requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company Borrowers a certificate setting forth the computation of the loss, cost, or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive constitute prima facie evidence of such loss, cost or expense if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Fixed Rate Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Fixed Rate Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company Borrower to create, borrow, continue or effect by conversion a LIBOR Fixed Rate Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company Borrower shall pay to the such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company Borrower (with a copy to the Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company Debtor to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the such Lender, the Company Debtor shall pay to the such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the any Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company Debtor (with a copy thereof to Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company shall pay on demand to the Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide the Company (with a copy to the Company Agent) with a certificate setting forth in reasonable detail the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)deemed prima facie correct.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit)loss, cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) ), as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this the Agreement; or (ii) any failure by the Company any Borrower to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the such Lender, the Company relevant Borrower shall pay to the Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company relevant Borrower with a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)deemed prima facie correct.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement, but in any event excluding such a payment to the extent required by Section 2.5 hereof; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement, unless such failure results from such Lender's inability or unwillingness pursuant to Sections 2.5 or 2.6 hereof to create, continue or effect by conversion such LIBOR Portion; then, upon the demand of the such Lender, the Company shall pay to the Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company (with a copy to the Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including excluding loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions provision of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given by the Company pursuant to this Agreement; then, then upon the demand of the such Lender, the Company shall pay to the such Lender such amount as will reimburse the such Lender for such reasonable loss, cost or expense (such loss, cost or expenseexpense will not include any allocated salary of employees of such Lender). If the such Lender requests such a reimbursement under this Section, it shall provide to the Company with a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be deemed conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company any Borrower to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company Borrowers shall pay to the Administrative Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to any of the Company Borrowers (with a copy to the Administrative Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive deemed prima facie correct if reasonably determined (absent manifest error)determined.

Funding Indemnity. (a) In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company shall pay to the Lender such amount as will reimburse the such Lender for such loss, cost or expense. . (b) If the a Lender requests such reimbursement under this SectionSection 2.8, it shall provide to the Company (with a copy to the Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company shall pay to the such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company (with a copy to the Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit)loss, cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after defaultthe occurrence of a Default or Event of Default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by any of the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company shall pay on demand to the Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide the Company (with a copy to the Company Agent) with a certificate setting forth in reasonable detail the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the that Agent or any Lender shall incur any loss, cost or expense (including, without limitation, including any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the any Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the Agent or any Lender) as a result of: (i) i any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after defaultthe occurrence of a Default or Event of Default, and whether or not such payment is required by any provisions provision of this Agreement; or (ii) ii any failure by the Company any Borrower to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the Agent or any Lender, as the Company case may be, the Borrowers shall pay to the Agent or such Lender such amount as will reimburse the Agent or such Lender for such loss, cost or expense. If the Agent or such Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company Borrowers a certificate setting forth the computation of the loss, cost, costs or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)presumed correct and accurate.

Funding Indemnity. In the event that the Agent or any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the any Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the Agent or any Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after defaultthe occurrence of a Default or Event of Default, and whether or not such payment is required by any provisions provision of this Agreement; or (ii) any failure by the Company any Borrower to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the Agent or any Lender, as the Company case may be, the Borrowers shall pay to the Agent or such Lender such amount as will reimburse the Agent or such Lender for such loss, cost or expense. If the Agent or such Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company Borrowers a certificate setting forth the computation of the loss, cost, costs or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)presumed correct and accurate.

Funding Indemnity. In the event the Lender Bank shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the Lender Bank to fund or maintain its part of any LIBOR Eurocurrency Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the LenderBank) as a result of: (i) any payment of a LIBOR Eurocurrency Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company any Borrower to create, borrow, continue or effect by conversion a LIBOR Eurocurrency Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the LenderBank, the Company Borrowers shall pay to the Lender Bank, within five (5) days after the Bank's written demand therefor, such amount as will reimburse the Lender Bank for such loss, cost or expense. If the Lender Bank requests such reimbursement under this Sectiona reimbursement, it shall provide to the Company a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by the Company either Borrower to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company Borrowers shall pay to the Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide to either Borrower (with a copy to the Company Agent) a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)determined.

Funding Indemnity. In the event the any Lender shall incur any loss, cost or expense (including, without limitation, any loss (including loss of profit), cost or expense incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired or contracted to be acquired by the such Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the such Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions of this Agreement; or (ii) any failure by any of the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, upon the demand of the such Lender, the Company shall pay on demand to the Agent for the account of such Lender such amount as will reimburse the such Lender for such loss, cost or expense. If the a Lender requests such reimbursement under this Sectiona reimbursement, it shall provide the Company (with a copy to the Company Agent) with a certificate setting forth in reasonable detail the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be conclusive if reasonably determined (absent manifest error)deemed prima facie correct.

Funding Indemnity. In the event the Lender shall incur any loss, cost or expense (including, without limitation, any loss (including excluding loss of profit), cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired or contracted to be acquired by the Lender to fund or maintain its part of any LIBOR Portion or the relending or reinvesting of such deposits or other funds or amounts paid or prepaid to the Lender) as a result of: (i) any payment of a LIBOR Portion on a date other than the last day of the then applicable Interest Period for any reason, whether before or after default, and whether or not such payment is required by any provisions provision of this Agreement; or (ii) any failure by the Company to create, borrow, continue or effect by conversion a LIBOR Portion on the date specified in a notice given pursuant to this Agreement; then, then upon the demand of the Lender, the Company shall pay to the Lender such amount as will reimburse the Lender for such reasonable loss, cost or expenseexpense (such loss, cost or expense will not include any allocated salary of employees of the Lender). If the Lender requests such a reimbursement under this Section, it shall provide to the Company with a certificate setting forth the computation of the loss, cost, cost or expense giving rise to the request for reimbursement in reasonable detail and such certificate shall be deemed conclusive if reasonably determined (absent manifest error)determined.