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

Payments Not at End of Interest Period. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including 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 amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.1(a) or 2.4, the Borrowers Borrower shall pay to the Credit Agreement 19 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 LoanRevolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan Revolving Credit Advance provided for herein minus 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 Borrowers for any reason make any payment of principal with respect to any LIBOR Eurodollar Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Eurodollar Rate Loan, including including, without limitation limitation, by reason of acceleration, or fail to borrow a LIBOR Eurodollar Rate Loan after electing a LIBOR Eurodollar Pricing Option with respect thereto pursuant to Section 2.62.1(a) or 2.5, the Borrowers Borrowers, jointly and severally, 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 LoanRevolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrowers shall pay such amount 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the an Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow or continue or convert to a LIBOR Rate Loan after electing giving a LIBOR Pricing Option with respect thereto Notice of Borrowing or Conversion pursuant to Section 2.62.4, the Borrowers Borrower shall pay to the Agent, jointly and severally, Administrative Agent for the ratable account respective accounts of the LendersBanks 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 accounts of the 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, any amounts required to compensate selected at the Lenders for any additional lossesAdministrative Agent’s sole discretion, costs maturing on or expenses which they may reasonably incur near the last day of the then applicable Interest Period of such Loan and in approximately the same amount as a result such Loan can be purchased by the Administrative Agent on the day of such payment of principal or failure to borrow, including without limitation, any loss, including lost profits, costs borrow or expenses incurred by reason of the liquidation, reutilization continue 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) convert P = the amount of interest which would have accrued on principal prepaid or the amount so paid or not borrowed, for of the period from requested Loan D = the number of days remaining in the Interest Period as of the date of such payment or failure to borrow, to the last day number of days of the then current requested Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 the Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.4, the Borrowers Borrower 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 reasonable 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 LoanAdvances, provided, however, that the Lenders shall not be entitled to compensation for lost profits in connection with any such payment or failure to borrow resulting from the occurrence of any event described in Section 2.11 hereof. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.4, the Borrowers Borrower 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 LoanAdvances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.1(a) or 2.4, the Borrowers Borrower 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 LoanRevolving Credit Advances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.4, the Borrowers Borrower 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 LoanAdvances. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, Borrower shall pay such amount 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 Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the an Interest Period applicable to such LIBOR Rate Loan, including 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 includeincluding, 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 equal computed pursuant to the following formula: L = (aR - 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 interest which would have accrued on principal prepaid or the amount so paid or not borrowed, for of the period from requested Loan D = the number of days remaining in the Interest Period as of the date of such payment or failure to borrow, to the last day number of days of the then current requested Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such 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 Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the 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, 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.