Funding Loss Indemnification. The Borrower shall pay to the Bank, upon the request of the Bank, the actual amount or amounts as shall be necessary to compensate it for any loss, cost, or expense incurred as a result of: (1) Any payment of a LIBOR or Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan excluding, acceleration of the Loans by the Bank pursuant to Section 8.01; or (2) Any failure by the Borrower to borrow or convert, as the case may be, a LIBOR or Fixed Rate Loan on the date for borrowing or conversion, as the case may be, specified in the relevant notice under Section 2.04 or 2.05, as the case may be.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Burlington Coat Factory Warehouse Corp), Revolving Credit Agreement (Burlington Coat Factory Warehouse Corp)
Funding Loss Indemnification. The Upon notice to Borrower from the Bank, Borrower shall pay to the Bank, upon the request of the Bank, the actual Bank such amount or amounts as shall be necessary sufficient (in the reasonable opinion of the Bank) to compensate it for any loss, cost, or expense incurred as a result of:
(1a) Any payment of a LIBOR or Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan excludingincluding, but not limited to acceleration of the Loans by the Bank pursuant to Section 8.01Loans; or
(2b) Any failure by the Borrower to borrow or convert, as the case may be, convert a LIBOR or Fixed Rate Loan on the date for borrowing or conversion, as the case may be, conversion specified in the relevant notice under Section 2.04 2.4 or 2.052.5, as the case may bemaybe.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Phoenix Footwear Group Inc), Revolving Credit and Term Loan Agreement (Phoenix Footwear Group Inc)
Funding Loss Indemnification. The Upon notice to Borrower from the Bank, Borrower shall pay to the Bank, upon the request of the Bank, the actual Bank such amount or amounts as shall be necessary sufficient (in the reasonable opinion of the Bank) to compensate it for any loss, cost, or expense incurred as a result of:
(1a) Any payment of a LIBOR or Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan excludingincluding, but not limited to acceleration of the Loans by the Bank pursuant to Section 8.01Loans; or
(2b) Any failure by the Borrower to borrow or convert, as the case may be, convert a LIBOR or Fixed Rate Loan on the date for borrowing or conversion, as the case may be, conversion specified in the relevant notice under Section 2.04 2.4 or 2.052.5, as the case may be.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Phoenix Footwear Group Inc)
Funding Loss Indemnification. The Borrower Company shall pay to the Bank, upon the request of the Bank, the actual such amount or amounts as shall be necessary sufficient (in the reasonable opinion of the Bank) to compensate it for any loss, cost, cost or expense incurred as a result of:
(1) Any payment of a LIBOR or Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan excludingincluding, but not limited to, acceleration of the Loans by the Bank pursuant to Section 8.018.1; or
(2) Any failure by the Borrower Company to borrow or convert, as the case may be, a LIBOR or Fixed Rate Loan on the date for borrowing or conversion, as the case may be, specified in the relevant notice under Section 2.04 2.3 or 2.052.4, as the case may be.
Appears in 1 contract
Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.)
Funding Loss Indemnification. The Borrower shall pay to the Bank, upon the request of the Bank, the actual such amount or amounts as shall be necessary sufficient (in the reasonable opinion of the Bank) to compensate it for any loss, cost, or expense incurred as a result of:
(1) Any payment of a LIBOR or Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan excludingincluding, but not limited to, acceleration of the Loans by the Bank pursuant to Section 8.019; or
(2) Any failure by the Borrower to borrow or convert, as the case may be, a LIBOR or Fixed Rate Loan on the date for borrowing or conversion, as the case may be, specified in the relevant notice provision under Section 2.04 or 2.05, as the case may beSections 2.2.
Appears in 1 contract
Samples: Revolving Loan, Letter of Credit Facility and Foreign Exchange Facilities Agreement (Mestek Inc)