Common use of Indemnification for Loss Clause in Contracts

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any Borrower shall fail for any reason to borrow or convert from or into any Fixed Rate Loan on the date specified therefor in the applicable Borrowing Request or Notice of Conversion, as the case may be, or (ii) if any Fixed Rate Loan to such Borrower shall terminate for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan is repaid or prepaid, in whole or in part, for any reason (including, without limitation, an acceleration of the Loans pursuant to Section 9.2 herein) prior to the last day of the Euro Interest Period applicable thereto, such Borrower agrees to indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (which demand shall be accompanied by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest error) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert 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 its Fixed Rate Loans to such Borrower, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate Loans, and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow or convert from an Advance after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or into any Fixed Rate Loan on the date specified therefor in the applicable Borrowing Request or Notice of Conversion, as the case may be3.3, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate be terminated for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan any repayment or prepayment of the principal amount of a Eurodollar Advance is repaid or prepaid, in whole or in part, made by the Borrower for any reason (including, without limitation, an acceleration of the Loans pursuant to Section 9.2 herein) on a date which is prior to the last day of the Euro Interest Period applicable thereto, such the Borrower agrees to indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate LoansEurodollar Advance, and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow a Revolving Credit Loan in respect of which it shall have requested a Eurodollar Advance or convert from or into any Fixed Rate Loan on an Advance to a Eurodollar Advance after it shall have notified the date specified therefor in the applicable Borrowing Request or Notice Administrative Agent of Conversion, as the case may beits intent to do so, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan is repaid or prepaid, in whole or in part, the Borrower shall for any reason (including, without limitation, an acceleration prepay or repay all or any part of the Loans pursuant to Section 9.2 herein) principal amount of a Eurodollar Advance prior to the last day of the Euro Interest Period applicable thereto, such the Borrower agrees to shall indemnify each applicable A or B (as applicable) Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate Loans, Eurodollar Advance and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow or convert from an Advance after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.4 or into any Fixed Rate Loan on the date specified therefor in the applicable Borrowing Request or Notice of Conversion, as the case may be3.3, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate be terminated for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan any repayment or prepayment of the principal amount of a Eurodollar Advance is repaid or prepaid, in whole or in part, made by the Borrower for any reason (including, without limitation, an acceleration of the Loans pursuant to Section 9.2 herein) on a date which is prior to the last day of the Euro Interest Period applicable thereto, such the Borrower agrees to indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts - 34 - Credit Agreement ---------------- which correspond to such Fixed Rate LoansEurodollar Advance, and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any Borrower either Company shall fail for any reason to borrow or determine not to convert from an Advance after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or into any Fixed Rate Loan on the date specified therefor in the applicable Borrowing Request or Notice of Conversion3.3, as the case may be, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate be terminated for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan any repayment or prepayment of all or any part of the principal amount of a Eurodollar Advance is repaid or prepaid, in whole or in part, made for any reason (including, without limitation, an acceleration of the Loans pursuant to Section 9.2 herein) on a date which is prior to the last day of the Euro Interest Period applicable thereto, such Borrower agrees the Companies agree to indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate LoansEurodollar Advance, and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow a Revolving Credit Loan in respect of which it shall have requested a Eurodollar Advance or convert from or into any Fixed Rate Loan on an Advance to a Eurodollar Advance after it shall have notified the date specified therefor in the applicable Borrowing Request or Notice Administrative Agent of Conversion, as the case may beits intent to do so, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan is repaid or prepaid, in whole or in part, the Borrower shall for any reason (including, without limitation, an acceleration prepay or repay all or any part of the Loans pursuant to Section 9.2 herein) principal amount of a Eurodollar Advance prior to the last day of the Euro Interest Period applicable thereto, such the Borrower agrees to shall indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender as a result of such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate Loans, Eurodollar Advance and any internal processing charge customarily charged by such Lender in connection therewith.

Indemnification for Loss. Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow or convert from an Advance after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or into any Fixed Rate Loan on the date specified therefor in the applicable Borrowing Request or Notice of Conversion3.3, as the case may be, or (ii) if any Fixed Rate Loan to such Borrower a Eurodollar Advance shall terminate be terminated for any reason prior to the last day of the Euro Interest Period applicable thereto, or (iii) if such Fixed Rate Loan any repayment or prepayment of the principal amount of a Eurodollar Advance is repaid or prepaid, in whole or in part, made for any reason (including, without limitation, an acceleration of the Loans pursuant to Section 9.2 herein) on a date which is prior to the last day of the Euro Interest Period applicable thereto, such the Borrower agrees to indemnify each applicable Lender against, and to pay on demand directly to such Lender the amount (calculated by such Lender using any method chosen by such Lender which demand shall be accompanied is reasonable and customarily used by a statement setting forth the calculations of such amount in reasonable detail which statement shall be conclusive absent manifest errorLender for such purpose) equal to any reasonable loss or out-of-pocket reasonable expense (excluding loss of margin) suffered by such Lender as a result of to the extent resulting from such failure to borrow or convert convert, 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 its Fixed Rate Loans to such BorrowerEurodollar Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate Loans, and any internal processing charge customarily charged by such Lender in connection therewithEurodollar Advance.