Common use of Indemnification for Break Funding Losses Clause in Contracts

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (a) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (b) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, or (c) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may be; “C” equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (ai) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (b) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, or (cii) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 D 360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may beLIBOR; “C” equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, ) in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (ai) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (b) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, 2.6 or (cii) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may beLIBOR; “C” equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, ) in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (ai) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (bii) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, or (ciii) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x X (B-C) x D/360 X D --- 360 where: “"A” " equals such Credit Party’s 's pro rata share of the Affected Principal Amount; “"B” " equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may be; “"C” " equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s 's pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (ai) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (b) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, or (cii) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may beLIBOR; “C” equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, ) in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;

Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (ai) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, (b) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Advances under Section 2.4, or (cii) a LIBOR Loan or Competitive Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 D where: Table of Contents “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR or the rate which such Competitive Advance bears to such Loan, as the case may beLIBOR; “C” equals the applicable LIBOR or Proposed Bid Rate (in each case, expressed as a decimal), as the case may be, ) in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits (or in the case of a Proposed Bid Rate, based on the rate such Credit Party would have quoted) in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;