Common use of LIBOR Breakage Fee Clause in Contracts

LIBOR Breakage Fee. Upon any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the Agent, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders may sustain as a result of such payment. The Borrower understands, agrees and acknowledges that: (i) the Lenders do not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the Lenders. Borrower further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any Lender elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the AgentXxxxxx, equal to the interest which would have been paid on the prepaid amount for the period from such prepayment until the last day of the applicable LIBOR Interest Period, at the applicable rate of interest for such LIBOR Rate Loan over the amount of any losses, expenses and liabilities (including without limitation any loss interest reasonably determined by Lender on such amount if such amount were invested for a comparable period of margin and anticipated profits) that Lenders may sustain as a result time in obligations of such paymentthe US Treasury. The Borrower understands, agrees and acknowledges that: (i) the Lenders do Lender does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersFee. Borrower Xxxxxxxx further agrees to pay the LIBOR Breakage Fee and other funding losses, if anyFee, whether or not any Lender elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon Upon: (i) any default by the Company in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following the Company’s delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower the Company shall pay an amount (“LIBOR Breakage Fee”), as calculated by the AgentBank, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders the Bank may sustain as a result of such default or payment. The Borrower Company understands, agrees and acknowledges that: (i) the Lenders do Bank does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower Company has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersBank. Borrower The Company further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any Lender the Bank elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon Upon: (i) any default by Borrower in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following Borrower’s delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the AgentLender, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders Lender may sustain as a result of such default or payment. The Borrower understands, agrees and acknowledges that: (i) the Lenders do Lender does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersLender. Borrower further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any the Lender elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon Upon: (i) any default by the Borrowers in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following the Administrative Borrower’s delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower the Borrowers shall pay an amount (“LIBOR Breakage Fee”), as calculated by the AgentLender, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders Lender may sustain as a result of such default or payment. The Borrower understandsBorrowers understand, agrees agree and acknowledges acknowledge that: (i) the Lenders do Lender does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has Borrowers have accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersLender. Borrower The Borrowers further agrees agree to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any the Lender elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon Upon: (i) any Event of Default by any Borrower in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following any Borrowers’ delivery of a borrowing request or conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower the Borrowers shall pay an amount (“LIBOR Breakage Fee”), as calculated by the Agent, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders Agent may sustain as a result of such default or payment. The Borrower understandsBorrowers understand, agrees agree and acknowledges acknowledge that: (i) the Lenders do Agent does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has Borrowers have accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersAgent and each Lender. Borrower Borrowers further agrees agree to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any Lender the Agent elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.

LIBOR Breakage Fee. Upon Upon: (i) any default by Borrowers in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following Borrowers’ delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), Borrower the Borrowers shall pay an amount (“LIBOR Breakage Fee”), as calculated by the AgentLender, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Lenders Lender may sustain as a result of such default or payment. The Borrower understandsBorrowers understand, agrees agree and acknowledges acknowledge that: (i) the Lenders do Lender does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has Borrowers have accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the LendersLender. Borrower Borrowers further agrees agree to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not any the Lender elects to purchase, sell and/or match funds. Borrower shall pay all LIBOR Breakage Fees within ten (10) days following Agent’s written request for payment of such fees.