Common use of Indemnity for Breakage or Non-Commencement of Interest Periods Clause in Contracts

Indemnity for Breakage or Non-Commencement of Interest Periods. The Borrower shall indemnify each Lender against any loss or expense that such Lender may sustain or incur as a consequence of (i) any event, other than a default by such Lender in the performance of its obligations hereunder, which results in (A) such Lender receiving or being deemed to receive any amount on account of the principal of any LIBOR Loan prior to the end of the Interest Period in effect therefor, (B) the conversion of any LIBOR Loan to an ABR Loan, or the conversion of the Interest Period with respect to any LIBOR Loan, in each case other than on the last day of the Interest Period in effect therefor or (C) a borrowing of any LIBOR Loan not occurring on a date specified therefor in a Funding Notice or a conversion to or continuation of any LIBOR Loan not occurring on a date specified therefor in a Conversion/Continuation Notice (any of the events referred to in this clause (i) being called a “Breakage Event”) or (ii) any default in the making of any payment or prepayment required to be made hereunder. In the case of any Breakage Event, such loss shall include an amount equal to the excess, as reasonably determined by such Lender, of (A) its cost of obtaining funds for the LIBOR Loan that is the subject of such Breakage Event for the period from the date of such Breakage Event to the last day of the Interest Period in effect (or that would have been in effect) for such Loan over (B) the amount of interest likely to be realized by such Lender in redeploying the funds released or not utilized by reason of such Breakage Event for such period. A certificate of any Lender setting forth in reasonable detail any amount or amounts which such Lender is entitled to receive pursuant to this Section 2.17(c) shall be delivered to the Borrower and shall be conclusive absent manifest error.

Indemnity for Breakage or Non-Commencement of Interest Periods. The Borrower shall indemnify each Lender against any loss or expense that such Lender may sustain or incur as a consequence of (i) any event, other than a default by such Lender the Borrower in the performance of its obligations hereunder, which results in (A) such Lender receiving or being deemed to receive any amount on account payment when due of the principal amount of or interest on any LIBOR Loan prior to the end of the Interest Period in effect thereforLoan, (Bii) default by the Borrower in making a borrowing of, conversion into or continuation of LIBOR Loans after the Borrower has given a notice requesting the same in accordance with the provisions of this Agreement, (iii) the Borrower making any prepayment other than on the date specified in the relevant prepayment notice, or (iv) the conversion of any LIBOR Loan to an ABR Loan, or the conversion making of a payment or a prepayment (including any repayments or prepayments made pursuant to Section 2.12 or 2.13 or as a result of an acceleration of Loans pursuant to Section 7.01 or as a result of the replacement of a Lender pursuant to Section 2.22, 9.04(j) or 9.26) of LIBOR Loans on a day which is not the last day of an Interest Period with respect to any LIBOR Loanthereto, including in each case other than on case, any such loss (excluding any loss of profits or margin) or expense arising from the last day reemployment of funds obtained by it or from fees payable to terminate the Interest Period in effect therefor or (Cdeposits from which such funds were obtained. For the purpose of calculation of all amounts payable to a Lender under this Section 2.17(c) a borrowing of any each Lender shall be deemed to have actually funded its relevant LIBOR Loan not occurring on through the purchase of a date specified therefor deposit bearing interest at the Adjusted LIBO Rate in a Funding Notice or a conversion to or continuation of any LIBOR Loan not occurring on a date specified therefor in a Conversion/Continuation Notice (any of the events referred to in this clause (i) being called a “Breakage Event”) or (ii) any default in the making of any payment or prepayment required to be made hereunder. In the case of any Breakage Event, such loss shall include an amount equal to the excess, as reasonably determined by such Lender, amount of (A) its cost of obtaining funds for the LIBOR Loan and having a maturity comparable to the relevant Interest Period; provided, however, that is each Lender may fund each of its LIBOR Loans in any manner it sees fit, and the subject of such Breakage Event foregoing assumption shall be utilized only for the period from the date calculation of such Breakage Event to the last day of the Interest Period in effect (or that would have been in effect) for such Loan over (B) the amount of interest likely to be realized by such amounts payable under this subsection. Any Lender in redeploying the funds released or not utilized by reason of such Breakage Event for such period. A certificate of any Lender setting forth in reasonable detail any amount or amounts which such Lender is entitled to receive requesting compensation pursuant to this Section 2.17(c) shall be delivered will furnish to Administrative Agent and the Borrower a certificate setting forth the basis and shall be conclusive amount of such request and such certificate, absent manifest error, shall be conclusive. Without limiting the survival of any other covenant hereunder, this covenant shall survive the termination of this Agreement and the payment of the Obligations and all other amounts payable hereunder.

Indemnity for Breakage or Non-Commencement of Interest Periods. The Borrower shall indemnify each Lender against any loss or expense that such Lender may sustain or incur as a consequence of (i) any event, other than a default by such Lender in the performance of its obligations hereunder, which results in (A) such Lender receiving or being deemed to receive any amount on account of the principal of any LIBOR Eurodollar Loan prior to the end of the Interest Period in effect therefor, (B) the conversion of any LIBOR Eurodollar Loan to an ABR Loan, or the conversion of the Interest Period with respect to any LIBOR Eurodollar Loan, in each case other than on the last day of the Interest Period in effect therefor therefor, or (C) a borrowing of any LIBOR Eurodollar Loan does not occurring occur on a date specified therefor in a Funding Notice of Borrowing or a conversion to or continuation of any LIBOR Eurodollar Loan does not occurring occur on a date specified therefor in a Notice of Conversion/Continuation Notice (any of the events referred to in this clause (i) being called a “Breakage Event”) or (ii) any default in the making of any payment or prepayment required to be made hereunder. In the case of any Breakage Event, such loss shall include an amount equal to the excess, as reasonably determined by such Lender, of (A) its cost of obtaining funds for the LIBOR Eurodollar Loan that is the subject of such Breakage Event for the period from the date of such Breakage Event to the last day of the Interest Period in effect (or that would have been in effect) for such Loan over (B) the amount of interest likely to be realized by such Lender in redeploying the funds released or not utilized by reason of such Breakage Event for such period. A certificate of any Lender setting forth in reasonable detail the calculation of any amount or amounts which such Lender is entitled to receive pursuant to this Section 2.17(c1.14(c) shall be delivered to the Borrower and shall be conclusive absent manifest error.

Indemnity for Breakage or Non-Commencement of Interest Periods. The Borrower Borrowers shall indemnify each Lender against any loss or expense (exclusive of anticipated profits) that such Lender may sustain or incur as a consequence of (i) any event, other than a default by such Lender in the performance of its obligations hereunder, which results in (A) such Lender receiving or being deemed to receive any amount on account of the principal of any LIBOR Loan prior to the end of the Interest Period in effect therefor, (B) the conversion of any LIBOR Loan to an ABR Loan, or the conversion of the Interest Period with respect to any LIBOR Loan, in each case other than on the last day of the Interest Period in effect therefor or (C) a borrowing continuation of any LIBOR Loan does not occurring occur on a date specified therefor in a Funding Notice or a conversion to or continuation of any LIBOR Loan not occurring on a date specified therefor in a Conversion/Continuation Notice the Closing (any of the events referred to in this clause (i) being called a “Breakage Event”) or (ii) any default in the making of any payment or prepayment required to be made hereunder. In the case of any Breakage Event, such loss shall include an amount equal to the excess, as reasonably determined by such Lender, of (A) its cost of obtaining funds for the LIBOR Loan that is the subject of such Breakage Event for the period from the date of such Breakage Event to the last day of the Interest Period in effect (or that would have been in effect) for such Loan over (B) the amount of interest likely to be realized by such Lender in redeploying the funds released or not utilized by reason of such Breakage Event for such period. A certificate of any Lender setting forth in reasonable detail any amount or amounts which such Lender is entitled to receive pursuant to this Section 2.17(c2.14(c) shall be delivered to the Borrower Borrowers and shall be conclusive absent manifest error.