Common use of LIBOR Breakage Fee Clause in Contracts

LIBOR Breakage Fee. Upon (i) any failure by Borrower to make any borrowing of, or to convert or continue any LIBOR Loan following Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 4 contracts

Samples: Credit Agreement (TNS Inc), Credit Agreement (TNS Inc), Credit Agreement (TNS Inc)

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LIBOR Breakage Fee. Upon Upon (i) any failure default by any Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s Borrower Representative's delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower Borrowers shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 3 contracts

Samples: Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Osullivan Industries Inc), Credit Agreement (Penhall International Corp)

LIBOR Breakage Fee. Upon (i) any failure default by any Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following such Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), such Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Neff Corp), Credit Agreement (Neff Rental Inc)

LIBOR Breakage Fee. Upon Upon (i) any failure default by Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s 's delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 2 contracts

Samples: Credit Agreement (RathGibson Inc), Credit Agreement (Telex Communications International LTD)

LIBOR Breakage Fee. Upon Upon (i) any failure default by Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 2 contracts

Samples: Credit Agreement (Southern Construction Products Inc), Credit Agreement (Cherokee International Corp)

LIBOR Breakage Fee. Upon (i) any failure default by Parent Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following such Parent Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Parent Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (Neff Rental Inc)

LIBOR Breakage Fee. Upon Upon (i) any failure default by Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s delivery to Administrative Agent of any LIBOR Loan request in respect thereofapplicable Borrowing Notice, or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Interest Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.or

Appears in 1 contract

Samples: Credit Agreement

LIBOR Breakage Fee. Upon (i) any failure by Borrower to make any borrowing of, or to convert or continue any LIBOR Loan following Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

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LIBOR Breakage Fee. Upon (i) any failure default by any Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following BorrowerBorrower Representative’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower Borrowers shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (Penhall International Corp)

LIBOR Breakage Fee. Upon (i) any failure default by Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (Neff Finance Corp.)

LIBOR Breakage Fee. Upon (i) any failure default by any Borrower to make in making any borrowing of, conversion into or to convert or continue continuation of any LIBOR Loan following Borrower’s Borrower Representative's delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower Borrowers shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

LIBOR Breakage Fee. Upon (i) any failure by Borrower to make any borrowing of, or to convert or continue any LIBOR Loan following Borrower’s 's delivery to Agent of any LIBOR Loan request in respect thereof, thereof or (ii) any payment of a LIBOR Loan on any day that is not the last day of the LIBOR Period applicable thereto (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay Agent, for the benefit of all Lenders that funded or were prepared to fund any such LIBOR Loan, the LIBOR Breakage Fee.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

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