Common use of Indemnification for Loss Clause in Contracts

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

Indemnification for Loss. (a) Notwithstanding anything contained herein to the contrary, (i) if the any Borrower shall fail for any reason to borrow or convert an Advance after it shall have given notice to do so from or into any Fixed Rate Loan on the date specified therefor in which it shall have requested a LIBOR Advancethe applicable Borrowing Request, Notice of Conversion, or Bid, as the case may be, or (ii) if a LIBOR Advance any Fixed Rate Loan to such Borrower shall be terminated 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 any repayment such Fixed Rate Loan is repaid or prepayment of the principal amount of a LIBOR Advance is made by the Borrower prepaid, in whole or in part, 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, the such Borrower agrees to indemnify the Bank each applicable Lender against, and to pay on demand directly to the Bank such Lender the amount (calculated which demand shall be accompanied by a statement setting forth the Bank using any method chosen by the Bank calculations of such amount in reasonable detail which is customarily used by the Bank for such purposestatement shall be conclusive absent manifest error) equal to any reasonable loss or out-of-pocket expense (excluding loss of margin) suffered by the Bank 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 the Bank such Lender in liquidating or employing deposits acquired to fund or maintain the funding of its Fixed Rate Loans to such LIBOR AdvanceBorrower, or redeploying funds prepaid or repaid, in amounts which correspond to such LIBOR AdvanceFixed Rate Loans, and any internal processing charge customarily charged by the Bank such Lender 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.

Indemnification for Loss. (a) Notwithstanding anything contained herein to the contrary, if the Borrower shall fail for any reason to borrow or convert an Advance after it shall have given notice to do so in which it shall have requested a LIBOR AdvanceAdvance pursuant to Section 2.3 or 3.3, as the case may be, or if a LIBOR Advance shall be terminated for any reason prior to the last day of the Interest Period applicable thereto, or if any repayment or prepayment of the principal amount of a LIBOR Advance is made by the Borrower for any reason on a date which is prior to the last day of the Interest Period applicable thereto, the Borrower agrees to indemnify the Bank each Lender against, and to pay on demand directly to the Bank such Lender the amount (calculated by the Bank using any method chosen by the Bank which is customarily used by the Bank for such purpose) equal to any loss or out-of-pocket expense (other than any special or consequential damages or other losses) suffered by the Bank 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 the Bank such Lender in liquidating or employing deposits acquired to fund or maintain the funding of such LIBOR Advance, or redeploying funds prepaid or repaid, in amounts which correspond to such LIBOR Advance, and any internal processing charge customarily charged by the Bank such Lender in connection therewith. (b) If (i) for any reason after . Calculations of all amounts payable under this Section 3.5 shall be made on the Borrower assumption that each Lender has entered into funded each of its relevant LIBOR Advances through the purchase of LIBOR deposits bearing interest at the LIBOR Rate and in an Interest Rate Protection Product, any Fixed Rate Funding Loss shall occur under or pursuant amount equal to such Interest Rate Protection Product the Borrower shall pay the amount of such Fixed Rate Funding Loss LIBOR Advances and with a maturity equivalent to the Bank immediately upon demandInterest Periods applicable to such LIBOR Advances.

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