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, Notice of Conversion, or Bid, 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 or Bid Interest Period, as the case may be, applicable thereto, or (iii) if such Fixed Rate Loan is repaid or prepaid, in whole or in part, for any reason prior to the last day of the Euro Interest Period or Bid Interest Period, as the case may be, 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.
Appears in 2 contracts
Samples: Credit Agreement (Bowne & Co Inc), Credit Agreement (Bowne & Co Inc)
Indemnification for Loss. (a) Notwithstanding anything contained herein to the contrary, (i) if any the Borrower shall fail for any reason to borrow or convert from or into any Fixed Rate Loan on the date specified therefor an Advance after it shall have given notice to do so in the applicable Borrowing Request, Notice of Conversionwhich it shall have requested a LIBOR Advance, or Bid, as the case may be, or (ii) if any Fixed Rate Loan to such Borrower a LIBOR Advance shall terminate be terminated for any reason prior to the last day of the Euro Interest Period or Bid Interest Period, as the case may be, applicable thereto, or (iii) if such Fixed Rate Loan any repayment or prepayment of the principal amount of a LIBOR Advance is repaid or prepaid, in whole or in part, made by the Borrower for any reason on a date which is prior to the last day of the Euro Interest Period or Bid Interest Period, as the case may be, applicable thereto, such the Borrower agrees to indemnify each applicable Lender the Bank against, and to pay on demand directly to such Lender the Bank the amount (calculated by the Bank using any method chosen by the Bank which demand shall be accompanied is customarily used by a statement setting forth the calculations of Bank for such amount in reasonable detail which statement shall be conclusive absent manifest errorpurpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender the Bank 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 the Bank in liquidating or employing deposits acquired to fund or maintain the funding of its Fixed Rate Loans to such BorrowerLIBOR Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such Fixed Rate LoansLIBOR Advance, and any internal processing charge customarily charged by such Lender the Bank in connection therewith.
(b) If (i) for any reason after the Borrower has entered into an Interest Rate Protection Product, any Fixed Rate Funding Loss shall occur under or pursuant to such Interest Rate Protection Product the Borrower shall pay the amount of such Fixed Rate Funding Loss to the Bank immediately upon demand.
Appears in 2 contracts
Samples: Credit Agreement (Meta Group Inc), Credit Agreement (Meta Group Inc)
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, Notice of Conversion, or Bid, 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, Bid Interest Period or Bid Swing Line Interest Period, as the case may be, applicable thereto, or (iii) if such Fixed Rate Loan is repaid or prepaid, in whole or in part, for any reason prior to the last day of the Euro Interest Period, Bid Interest Period or Bid Swing Line Interest Period, as the case may be, applicable thereto, such Borrower agrees to indemnify each applicable Lender or the Swing Line Lender, as the case may be, against, and to pay on demand directly to such Lender or the Swing Line Lender, as the case may be, the amount (calculated by such Lender or the Swing Line Lender, as the case may be, using any method chosen by it which demand shall be accompanied is customarily used by a statement setting forth the calculations of it for such amount in reasonable detail which statement shall be conclusive absent manifest errorpurpose) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by such Lender or the Swing Line Lender, as the case may be, 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 or the Swing Line Lender, as the case may be, 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 or the Swing Line Lender, as the case may be, in connection therewith.
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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, Request or Notice of Conversion, or Bid, 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 or Bid Interest Period, as the case may be, 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 or Bid Interest Period, as the case may be, 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.
Appears in 1 contract
Samples: Credit Agreement (Bowne & Co Inc)