Common use of Funding Loss Clause in Contracts

Funding Loss. Notwithstanding anything contained herein to the contrary, if the Borrower shall fail to borrow, convert or continue a Eurodollar Advance on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance, or if a Eurodollar Advance shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if, while a Eurodollar Advance is outstanding, any repayment or prepayment of such Eurodollar Advance is made for any reason (including as a result of acceleration or illegality) on a date which is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify each Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any reasonable method chosen by such Lender which is customarily used by such Lender for such purpose) equal to any loss or out-of-pocket expense suffered by such Lender as a result of such failure to borrow convert, or continue, or such termination, repayment or prepayment, including any loss, cost or expense suffered by such Lender in liquidating or employing deposits acquired to fund or maintain the funding of such Eurodollar Advance or redeploying funds prepaid or repaid, in amounts which correspond to such Eurodollar Advance and any reasonable internal processing charge customarily charged by such Lender in connection therewith.

Appears in 5 contracts

Samples: Credit and Guarantee Agreement (Simmons Media Group Inc), Credit and Guarantee Agreement (SFX Entertainment Inc), Credit Agreement (Global Vacation Group Inc)

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Funding Loss. Notwithstanding anything contained herein to the contrary, if the Borrower shall fail to borrow, convert or continue a Eurodollar Advance on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance, or if a Eurodollar Advance shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if, while a Eurodollar Advance is outstanding, any repayment or prepayment of such Eurodollar Advance is made for any reason (including as a result of acceleration or illegality) on a date which that is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify each Lender the Bank against, and to pay on within 10 days of demand therefor directly to such Lender the Bank the amount (calculated by such Lender the Bank using any reasonable method chosen by such Lender which the Bank that is customarily used by such Lender the Bank for such purpose) equal to any loss or out-of-pocket expense suffered by such Lender the Bank as a result of such failure to borrow borrow, convert, or continue, or such termination, repayment or prepayment, including any loss, cost or expense suffered by such Lender the Bank in liquidating or employing deposits acquired to fund or maintain the funding of such Eurodollar Advance or redeploying funds prepaid or repaid, in amounts which that correspond to such Eurodollar Advance and any reasonable internal processing charge customarily charged by such Lender the Bank in connection therewith.

Appears in 2 contracts

Samples: Credit Agreement (Merrill Lynch Sr Float Rate Fd), Credit Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc)

Funding Loss. Notwithstanding anything contained herein to the contrary, if the Borrower shall fail to borrow, convert or continue a Eurodollar Advance Fixed Rate Loan on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar AdvanceFixed Rate Loan, or if a Eurodollar Advance Fixed Rate Loan shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if, while a Eurodollar Advance Fixed Rate Loan is outstanding, any repayment or prepayment of such Eurodollar Advance Fixed Rate Loan is made for any reason (including as a result of acceleration or illegality) on a date which is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify each Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any reasonable method chosen by such Lender which is customarily used by such Lender for such purpose) equal to any loss or out-of-pocket expense suffered by such Lender as a result of such failure to borrow convert, or continue, or such termination, repayment or prepayment, including any loss, cost or expense suffered by such Lender in liquidating or employing deposits acquired to fund or maintain the funding of such Eurodollar Advance Fixed Rate Loan or redeploying funds prepaid or repaid, in amounts which correspond to such Eurodollar Advance Fixed Rate Loan and any reasonable internal processing charge customarily charged by such Lender in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (Robotic Vision Systems Inc)

Funding Loss. Notwithstanding anything contained herein to the contrary, if the Borrower shall fail to borrow, convert or continue a Eurodollar Advance on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance, or if a Eurodollar Advance shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if, while a Eurodollar Advance is outstanding, any repayment or prepayment of such Eurodollar Advance is made for any reason (including as a result of acceleration or illegality) on a date which is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify each Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any reasonable method chosen by such Lender which is customarily used by such Lender for such purpose) equal to any loss or out-of-of pocket expense suffered by such Lender as a result of such failure to borrow convert, or continue, or such termination, repayment or prepayment, including any loss, cost or expense suffered by such Lender in liquidating or employing deposits acquired to fund or maintain the funding of such Eurodollar Advance or redeploying funds prepaid or repaid, in amounts which correspond to such Eurodollar Advance and any reasonable internal processing charge customarily charged by such Lender in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (Yankee Energy System Inc)

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Funding Loss. Notwithstanding anything contained herein to the contrary, if the Borrower shall fail to borrow, convert or continue a Eurodollar Advance on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance, or if a Eurodollar Advance shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if, while a Eurodollar Advance is outstanding, any repayment or prepayment of such Eurodollar Advance is made for any reason (including as a result of acceleration or illegality) on a date which is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify each Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any reasonable method chosen by such Lender which is customarily used by such Lender for such purpose) equal to any loss loss, cost or out-of-pocket expense suffered by such Lender as a result of such failure to borrow convert, or continue, or such termination, repayment or prepayment, including any loss, cost or expense suffered by such Lender in liquidating or employing deposits acquired to fund or maintain the funding of such Eurodollar Advance or redeploying funds prepaid or repaid, in amounts which correspond to such Eurodollar Advance and any reasonable internal processing charge or administrative charges of customarily charged by such Lender in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (Monitronics International Inc)

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