Common use of Indemnification for Funding and Other Losses Clause in Contracts

Indemnification for Funding and Other Losses. Each LIBOR Request shall be irrevocable and binding on the applicable Credit Party. Without limiting the generality of Section 2.15, the Credit Parties shall indemnify the Bank against any loss or expense incurred by the Bank as a result of any failure on the part of any Credit Party to fulfill, on or before the date specified in any LIBOR Request, the applicable conditions set forth in this Agreement, including, without limitation, any loss (including loss of anticipated profits) or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by the Bank to fund or maintain the requested LIBOR Portion when interest on such LIBOR Portion, as a result of such failure on the part of the Credit Parties, is not based on the applicable LIBOR for the requested LIBOR Period. The Bank shall determine the amount of such loss or expense incurred by it, and absent manifest error such determination shall be conclusive, and at any Credit Party's request the Bank shall demonstrate the basis for such determination.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Sepracor Inc /De/), Revolving Credit Agreement (Biosphere Medical Inc), Revolving Credit Agreement (Sepracor Inc /De/)

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Indemnification for Funding and Other Losses. Each LIBOR Request shall be irrevocable and binding on the applicable Credit PartyCompany. Without limiting the generality of Section 2.152.14, the Credit Parties Company shall indemnify the Bank against any loss or expense incurred by the Bank as a result of any failure on the part of any Credit Party the Company to fulfill, on or before the date specified in any LIBOR Request, the applicable conditions set forth in this Agreement, including, without limitation, any loss (including loss of anticipated profits) or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by the Bank to fund or maintain the requested LIBOR Portion when interest on such LIBOR Portion, as a result of such failure on the part of the Credit PartiesCompany, is not based on the applicable LIBOR for the requested LIBOR Period. The Bank shall determine the amount of such loss or expense incurred by it, and absent manifest error such determination shall be conclusive, and at any Credit Partythe Company's request the Bank shall demonstrate the basis for such determination.

Appears in 2 contracts

Samples: Credit and Security Agreement (Sepracor Inc /De/), Revolving Credit and Security Agreement (Biosepra Inc)

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