Common use of Make Whole Provision Clause in Contracts

Make Whole Provision. Borrower shall pay to Administrative Agent, immediately upon request and notwithstanding any contrary provisions contained in any of the Credit Documents, such amounts as shall be necessary to compensate each Lender for the loss, cost or expense which it actually reasonably incurs as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a LIBOR Loan on a date other than the last day of the applicable Interest Period of such LIBOR Loan, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Loan on a date other than the last day of the applicable Interest Period, (iii) the failure of all or a portion of a Loan which was to have borne interest at the Adjusted LIBOR Rate pursuant to the request of Borrower to be made under this Agreement (except as a result of a failure by Administrative Agent or any Lender to fulfill Administrative Agent’s or such Lender’s obligations to fund), or (iv) the failure of Borrower to borrow in accordance with any request submitted by it for a LIBOR Loan (except as a result of a failure by Administrative Agent or any Lender to fulfill such Administrative Agent’s or Lender’s obligations to fund). Such amounts payable by Borrower shall be equal to any administrative costs actually incurred plus any amounts required to compensate for any loss, cost or expense reasonably incurred by reason of the liquidation or re-employment of deposits or other funds acquired by any Lender to fund or maintain a LIBOR Loan, including, without limitation, the costs associated with the cancellation of any interest rate hedge agreement.

Make Whole Provision. Borrower shall pay to Administrative AgentAgent for the benefit of each affected Lender, immediately upon request and notwithstanding any contrary provisions contained in this Agreement or any of the Credit Documents, such amounts as shall be necessary to shall, in the conclusive judgment of Administrative Agent (in the absence of manifest error), compensate Administrative Agent and each Lender for the loss, cost or expense which it actually reasonably incurs as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a Fixed LIBOR Rate Loan on a date other than the last day of the applicable Interest Period of such Fixed LIBOR Rate Loan, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Rate Loan on a date other than the last day of the applicable Interest PeriodPeriod of such Fixed LIBOR Rate Loan, (iii) the failure of all or a portion of a Loan which was to have borne interest at the Adjusted Fixed LIBOR Rate pursuant to the request of Borrower to be made under this Agreement (except as a result of a failure by Administrative Agent or any Lender to fulfill Administrative Agent’s or such Lender’s obligations to fund), or (iv) the failure of Borrower to borrow in accordance with any request submitted by it for a Fixed LIBOR Loan (except as a result of a failure by Administrative Agent or any Lender to fulfill such Administrative Agent’s or Lender’s obligations to fund)Rate Loan. Such amounts payable by Borrower shall be equal to any administrative costs actually incurred plus any reasonable amounts required to compensate for any loss, cost or expense reasonably incurred by reason of the liquidation or re-employment of deposits or other funds acquired by any Administrative Agent and each Lender to fund or maintain a Fixed LIBOR Rate Loan, including, without limitation, the costs associated with the cancellation of any interest rate hedge agreement, as determined by Administrative Agent and each Lender.

Make Whole Provision. Borrower BORROWER shall pay to Administrative AgentBANK, immediately upon request and notwithstanding any contrary provisions contained in any of the Credit Loan Documents, such amounts as shall be necessary to shall, in the conclusive judgment of BANK (in the absence of manifest error), compensate each Lender BANK for the loss, cost or expense which it actually may reasonably incurs incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a LIBOR Loan or Fixed Interest Rate Advance on a date other than the last day of the applicable Interest Period of such LIBOR LoanPeriod, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Loan or Fixed Interest Rate Advance to a Variable Rate Advance on a date other than the last day of the applicable Interest Period, (iii) the failure of all or a portion of a Loan an Advance which was to have borne interest at the Adjusted Revolving LIBOR Rate or Revolving BAR Rate pursuant to the request of Borrower BORROWER to be made under this the Loan Agreement (except as a result of a failure by Administrative Agent or any Lender BANK to fulfill Administrative Agent’s or such Lender’s BANK's obligations to fund), or (iv) the failure of Borrower BORROWER to borrow in accordance with any request submitted by it for a LIBOR Loan (except as a result of a failure by Administrative Agent or any Lender to fulfill such Administrative Agent’s or Lender’s obligations to fund)Advance. Such amounts payable by Borrower BORROWER shall be equal to any administrative costs actually incurred incurred, plus any amounts required to compensate for any loss, cost or expense reasonably incurred by reason of the liquidation or re-employment of deposits or other funds acquired by any Lender BANK to fund or maintain a LIBOR Loanor Fixed Interest Rate Advance plus, includingin any event, but without limitationduplication, the costs associated with the cancellation of any interest rate hedge agreementa Yield Maintenance Fee.

Make Whole Provision. Borrower shall pay to Administrative Agent, Agent immediately upon request and notwithstanding any contrary provisions contained in any of the Credit Loan Documents, such amounts as shall be necessary to shall, in the conclusive judgment of Administrative Agent (in the absence of manifest error), compensate each Lender any of the Lenders for the loss, cost or expense which it actually may reasonably incurs incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a LIBOR Loan on a date other than the last day of the applicable Interest Period of such LIBOR LoanLibor Advance, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Loan Libor Advance, to a Variable Rate Advance on a date other than the last day of the applicable Interest Period, (iii) the failure of all or a portion of a Loan which was to have borne interest at the Adjusted LIBOR Libor Rate pursuant to the request of Borrower to be made under this the Loan Agreement (except as a result of a failure by Administrative Agent or any Lender to fulfill Administrative Agent’s or such Lender’s 's obligations to fund), or (iv) the failure of Borrower to borrow in accordance with any request submitted by it for a LIBOR Loan (except as a result of a failure by Administrative Agent or any Lender to fulfill such Administrative Agent’s or Lender’s obligations to fund)Libor Advance. Such amounts payable by Borrower shall be equal to any administrative costs actually incurred plus any amounts required to compensate for any loss, cost or expense reasonably incurred by reason of the liquidation or re-employment reemployment of deposits or other funds acquired by any Lender Administrative Agent to fund or maintain a LIBOR LoanLibor Advance plus, includingin any event, but without limitationduplication, the costs associated with the cancellation of any interest rate hedge agreementa Yield Maintenance Fee.