Common use of Payments Not at End of Interest Period Clause in Contracts

Payments Not at End of Interest Period. If Borrower for any reason makes any payment of principal with respect to any LIBOR Loan on any day other than the last day of an Interest Period applicable to such LIBOR Loan, including, without limitation, the payment of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Date, or fails to borrow or continue or convert to a LIBOR Loan after giving a Borrowing Notice or notice of conversion pursuant to Section 2.1(i), promptly upon written notice thereof from Agent, Borrower shall pay to Agent for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the account of the Lenders R = interest rate on such Loan T = effective interest rate per annum at which any readily marketable bond or other obligation of the United States, selected at FNBB's sole discretion, maturing on or near the last day of the then applicable Interest Period of such Loan and in approximately the same amount as such Loan can be purchased by FNBB on the day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of the date of such payment or the number of days of the requested Interest Period Borrower shall pay such amount promptly upon presentation by Agent of a statement setting forth the amount and Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If the Borrower for any reason makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Rate Loan, including, including without limitation, the payment limitation by reason of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Dateacceleration, or fails to borrow or continue or convert to a LIBOR Rate Loan after giving electing a Borrowing Notice or notice of conversion LIBOR Pricing Option with respect thereto pursuant to Section 2.1(i)2.1(a) or 2.4, promptly upon written notice thereof from Agent, the Borrower shall pay to Agent the Agent, for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the ratable account of the Lenders, any amounts required to compensate the Lenders R = interest rate on for any additional losses, costs or expenses which they may reasonably incur as a result of such Loan T = effective interest rate per annum at which payment or failure to borrow, including without limitation, any readily marketable bond loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other obligation funds acquired by the Lenders to fund or maintain such Revolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the United Statesamount so paid or not borrowed, selected at FNBB's sole discretionfor the period from the date of such payment or failure to borrow, maturing on or near to the last day of the then applicable current Interest Period for such Revolving Credit Advance (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the Revolving Credit Advance which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such Revolving Credit Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrower shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If Borrower the Borrowers for any reason makes make any payment of principal with respect to any LIBOR Eurodollar Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Eurodollar Rate Loan, including, without limitation, the payment by reason of principal due on the Commitment Termination Date acceleration, or fail to borrow a Eurodollar Rate Loan after electing a Eurodollar Pricing Option with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Date, or fails to borrow or continue or convert to a LIBOR Loan after giving a Borrowing Notice or notice of conversion thereto pursuant to Section 2.1(i)2.1(a) or 2.5, promptly upon written notice thereof from Agentthe Borrowers, Borrower jointly and severally, shall pay to Agent the Agent, for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the ratable account of the Lenders, any amounts required to compensate the Lenders R = interest rate on for any additional losses, costs or expenses which they may reasonably incur as a result of such Loan T = effective interest rate per annum at which payment or failure to borrow, including without limitation, any readily marketable bond loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other obligation funds acquired by the Lenders to fund or maintain such Revolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the United Statesamount so paid or not borrowed, selected at FNBB's sole discretionfor the period from the date of such payment or failure to borrow, maturing on or near to the last day of the then applicable current Interest Period for such Revolving Credit Advance (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the Revolving Credit Advance which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such Revolving Credit Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Borrower Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall shall, if made in good faith, be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If the Borrower for any reason makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Rate Loan, including, including without limitation, the payment limitation by reason of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Dateacceleration, or fails to borrow or continue or convert to a LIBOR Rate Loan after giving electing a Borrowing Notice or notice of conversion LIBOR Pricing Option with respect thereto pursuant to Section 2.1(i)2.4, promptly upon written notice thereof from Agent, the Borrower shall pay to Agent the Agent, for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the ratable account of the Lenders, any amounts required to compensate the Lenders R = interest rate on for any additional losses, costs or expenses which they may reasonably incur as a result of such Loan T = effective interest rate per annum at which payment or failure to borrow, including without limitation, any readily marketable bond loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other obligation funds acquired by the Lenders to fund or maintain such Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the United Statesamount so paid or not borrowed, selected at FNBB's sole discretionfor the period from the date of such payment or failure to borrow, maturing on or near to the last day of the then applicable current Interest Period for such Advance (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the Advance which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrower shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If the Borrower for any reason makes any payment of principal with respect to any LIBOR Loan on any day other than the last day of an Interest Period applicable to such LIBOR Loan, including, without limitation, the payment of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Date, or fails to borrow or continue or convert to a LIBOR Loan after giving a Notice of Borrowing Notice or notice of conversion Conversion pursuant to Section 2.1(i)2.4, promptly upon written notice thereof from Agent, the Borrower shall pay to the Administrative Agent for the account respective accounts of each Lender the Banks an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to the Administrative Agent for the account accounts of the Lenders Banks R = interest rate on such Loan T = effective interest rate per annum at which any readily marketable bond or other obligation of the United States, selected at FNBB's the Administrative Agent’s sole discretion, maturing on or near the last day of the then applicable Interest Period of such Loan and in approximately the same amount as such Loan can be purchased by FNBB the Administrative Agent on the day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of the date of such payment or the number of days of the requested Interest Period The Borrower shall pay such amount promptly upon presentation by the Administrative Agent of a statement setting forth the amount and the Administrative Agent's ’s calculation thereof (in reasonable detail) pursuant hereto, which statement shall be deemed true conclusive and correct binding absent manifest error. In addition to the foregoing amount, the Borrower agrees to reimburse the Administrative Agent (without duplication) for any costs associated with marking to market any obligations of the Borrower under any Hedging Contract(s) that are required to be terminated as a result of any conversion, repayment or prepayment of the principal amount of any LIBOR Loan on a date other than the scheduled last day of the applicable Interest Period. Such additional amounts shall be paid by the Borrower upon presentation by the Administrative Agent of a statement setting forth the amount and the Administrative Agent’s calculation thereof (in reasonable detail) pursuant hereto, which statement shall be deemed conclusive and binding absent manifest error. The Borrower acknowledges and agrees that (i) the Administrative Agent shall have no obligation to purchase, sell and/or match funds in connection with the use of 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 fair and reasonable basis for calculating such rate, any other amount payable hereunder and any other funding losses incurred by the Administrative Agent. The Borrower further agrees to pay such amount and any other funding losses, if any, whether or not the Administrative Agent elects to purchase, sell and/or match funds.

Payments Not at End of Interest Period. If Borrower the Borrowers for any reason makes make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Rate Loan, includingincluding without limitation by reason of acceleration, or fail to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.6, the Borrowers shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to (a) the payment amount of principal due interest which would have accrued on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Dateamount so paid or not borrowed, or fails to borrow or continue or convert to a LIBOR Loan after giving a Borrowing Notice or notice of conversion pursuant to Section 2.1(i), promptly upon written notice thereof from Agent, Borrower shall pay to Agent for the account period from the date of each Lender an amount computed pursuant such payment or failure to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable borrow, to Agent for the account of the Lenders R = interest rate on such Loan T = effective interest rate per annum at which any readily marketable bond or other obligation of the United States, selected at FNBB's sole discretion, maturing on or near the last day of the then applicable current Interest Period for such LIBOR Rate Loan (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the LIBOR Rate Loan which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Borrower Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If the Borrower for any reason makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Rate Loan, including, without limitation, the payment including by reason of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Dateacceleration, or fails to borrow or continue or convert to a LIBOR Rate Loan after giving electing a Borrowing Notice or notice of conversion LIBOR Pricing Option with respect thereto pursuant to Section 2.1(i)2.4, promptly upon written notice thereof from Agent, the Borrower shall pay to Agent the Agent, for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the ratable account of the Lenders, any amounts required to compensate the Lenders R = interest rate on for any additional losses, costs or expenses which they may reasonably incur as a result of such Loan T = effective interest rate per annum at which payment or failure to borrow, including any readily marketable bond loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other obligation funds acquired by the Lenders to fund or maintain such Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the United Statesamount so paid or not borrowed, selected at FNBB's sole discretionfor the period from the date of such payment or failure to borrow, maturing on or near to the last day of the then applicable current Interest Period for such Advance (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the Advance which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrower shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. If the Borrower for any reason makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of an the Interest Period applicable to such LIBOR Rate Loan, including, including without limitation, the payment limitation by reason of principal due on the Commitment Termination Date with respect to any LIBOR Loan where the Interest Period with respect to such LIBOR Loan extends beyond the Commitment Termination Dateacceleration, or fails to borrow or continue or convert to a LIBOR Rate Loan after giving electing a Borrowing Notice or notice of conversion LIBOR Pricing Option with respect thereto pursuant to Section 2.1(i)2.1(a) or 2.4, promptly upon written notice thereof from Agent, the Borrower shall pay to Agent the Credit Agreement 19 Agent, for the account of each Lender an amount computed pursuant to the following formula: L = (R - T) x P x D --------------- 360 L = amount payable to Agent for the ratable account of the Lenders, any amounts required to compensate the Lenders R = interest rate on for any additional losses, costs or expenses which they may reasonably incur as a result of such Loan T = effective interest rate per annum at which payment or failure to borrow, including without limitation, any readily marketable bond loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other obligation funds acquired by the Lenders to fund or maintain such Revolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the United Statesamount so paid or not borrowed, selected at FNBB's sole discretionfor the period from the date of such payment or failure to borrow, maturing on or near to the last day of the then applicable current Interest Period for such Revolving Credit Advance (or, in the case of such Loan and in approximately a failure to borrow, to the same amount as such Loan can be purchased by FNBB on the last day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of for the Revolving Credit Advance which would have commenced on the date of such payment failure to borrow), at the applicable rate of interest for such Revolving Credit Advance provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the number of days of Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the requested Interest Period Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrower shall pay such amount promptly upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.