Prepayment Costs Sample Clauses

Prepayment Costs. Borrower shall pay to Bank, upon the demand of Bank, such other amount or amounts as shall be sufficient (in the sole good faith opinion of Bank) to compensate it for any loss, costs or expense incurred by it as a result of any prepayment by Borrower (including voluntary or mandatory prepayment, voluntary or mandatory conversion of a Libor Loan into a Prime Loan, or prepayment due to acceleration) of all or part of the principal amount of a Libor Loan prior to the last day of the Interest Period for such Loan (including without limitation any failure by Borrower to borrow a Libor Loan on the Loan Date for such borrowing specified in the relevant notice of borrowing hereunder). Such costs shall include, without limitation, any interest or fees payable by Bank to lenders of funds obtained by it in order to make or maintain its loans based on the London interbank eurodollar market. Bank's determination as to such costs shall be conclusive and final, absent manifest error.

Prepayment Costs. The Borrower shall pay to Agent, immediately upon request and notwithstanding contrary provisions contained in any of the Loan Documents, such amounts as shall, in the conclusive judgment of Agent (in the absence of manifest error), compensate Agent and the Lenders for the loss, cost or expense which they may reasonably incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of an Adjusted LIBOR Rate Advance on a date other than the last day of the applicable Interest Period of an Adjusted LIBOR Rate Advance, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any Adjusted LIBOR Rate Advance to a Adjusted Prime 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 Rate pursuant to the request of Borrower to be made under the Loan Agreement (except as a result of a failure by any Lender to fulfill such Lender’s obligations to fund), or (iv) the failure of the Borrower to borrow in accordance with any request submitted by it for an Adjusted LIBOR Rate Advance. Such amounts payable by the subject Borrower shall be equal to (a) any administrative costs actually incurred plus (b) the Breakage Costs.

Prepayment Costs. All losses, costs and expenses incurred as a result of receiving Prepaid Principal and of reinvesting it at rate(s) which may be less than the Applicable Rate

Prepayment Costs. The costs resulting from prepayment in accordance with Sub-clause 4.7 (a) (hereinafter, the “Prepayment Costs”) shall be determined by the CEB on the basis of the costs to it of redeploying the amount to be prepaid from the Prepayment Date to the Maturity Date, including any related costs, such as unwinding any underlying hedging arrangements. The costs of redeployment will be established on the basis of the difference between the original rate and the redeployment rate, which shall be determined by the CEB on the basis of market conditions on the date of the Prepayment Notice.

Prepayment Costs. If Borrower makes any payment of Prepaid Principal (voluntarily or not), and if the Applicable Rate with respect to such Prepaid Principal is not a Variable Prime-Based Rate, then Borrower shall pay to the Bank an amount sufficient to compensate the Bank for its Prepayment Costs. Borrower acknowledges that determining the actual amount of Prepayment Costs may be difficult or impossible in any specific instance. Accordingly, Borrower agrees that Prepayment Costs shall be deemed to bx xxx xxcess, if any, of (i) the product of (A) the Prepaid Principle, times (B) the Applicable Rate divided by 360, times (C) the remaining number of days from the date of the payment to the applicable Payment Date, over (ii) that amount of interest which the Bank determines that the holder of a Treasury Obligation selected by the Bank in the amount (or as close to such amount as feasible) of the Prepaid Principal and having a maturity date on (or as soon after as feasible) the applicable Payment Date would earn if that Treasury Obligation were purchased in the secondary market on the date the Prepaid Principal is paid to the Bank and were held to maturity. Borrower agrees that the determination of Prepayment Costs xxxxx be based on amounts which a holder of a Treasury Obligation could receive under these circumstances, whether or not the Bank actually invests the Prepaid Principal in any Treasury Obligation.

Prepayment Costs. Each Borrower shall pay to Agent (solely with respect to such Borrower's respective Loan), immediately upon request and notwithstanding contrary provisions contained in any of the Loan Documents, such amounts as shall, in the conclusive judgment of Agent (in the absence of manifest error), compensate Agent and the Lenders for the loss, cost or expense which they may reasonably incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of an Effective LIBO Rate Advance on a date other than the last day of the applicable Interest Period of an Effective LIBO Rate Advance, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any Effective LIBO 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 which was to have borne interest at the Effective LIBO Rate pursuant to the request of Borrower to be made under the Loan Agreement (except as a result of a failure by any Lender to fulfill such Lender's obligations to fund), or (iv) the failure of such Borrower to borrow in accordance with any request submitted by it for an Effective LIBO Rate Advance. Such amounts payable by the subject Borrower shall be equal to (a) any administrative costs actually incurred plus (b) the LIBO Breakage Amount.

Prepayment Costs. Upon any termination of any LIBOR Related Rate ---------------- (including but not limited to conversion to another rate) or payment of all or any portion of any LIBOR Amount on a date other than the last day of the then applicable LIBOR Interest Period, including without limitation (A) acceleration in the event of default or (B) repayment in response to a notice under Section 4.5, Borrower shall pay to Bank on demand such amount as Bank reasonably determines (determined as though 100% of the applicable LIBOR Amount had been funded in the applicable Eurodollar market) is equivalent to all direct or indirect losses, expenses, liabilities, or reductions in yield to Bank resulting therefrom, whether incurred in connection with liquidation or reemployment of funds or otherwise.

Prepayment Costs a) If the Borrower - completely or partially fails to draw down the Facility, or - prepays the Facility partially or completely on another date than an Interest Payment Date having a justified interest ("berechtigtes Interesse") pursuant to Section 490 Par. 2 BGB, or b) if the Bank - terminates this Agreement in accordance with Section 21.2 (Bank’s Right of Termination), the Borrower must pay to the Bank prepayment costs in the amount of the difference between (i) the interest payments (inclusive Margin), which the Bank should have received until the next Interest Payment Date and (ii) the amount which the Bank would be able to obtain by placing the prepaid amount on deposit at EONIA-Rate (the EONIA Rate means Euro Over Night Index Average which is fixed by the European Central Bank -"EZB"-) over the relevant period, pursuant to Reuters page “EONIA”. The amount of the prepayment costs shall be discounted to present value using the EONIA-Rate over the relevant period. As prepayment costs will not accrue for a period exceeding a duration of maximum 3 (three) months minus 1 (one) day, the calculation of the prepayment costs shall not include any spared administration costs or any spared costs for risk. The Bank has to provide the Borrower with the basis of its calculation of the prepayment costs. The Borrower may prove that the damage to the Bank is actually lower.

Prepayment Costs. (a) Pursuant to the provisions of Section (e) of Article 0 of Schedule IV to the Heads of Terms, it was assumed that the Prepayment Costs to be incurred in consequence of the prepayment of the outstanding banking loans extended to the "Acquired Companies" (that is to say, the Operational Companies to be acquired under the Stage A Transaction Agreement, and the Development Companies to be acquired under the Preliminary Transaction Agreement (Stage B)) on the next scheduled interest payment date immediately following the Execution Date will not exceed E521,000 (five hundred and twenty one thousand Euro) in the aggregate in respect of all of the Acquired Companies ("TOTAL PREPAYMENT AMOUNT"). (b) It is hereby agreed that in the event that PCE shall succeed in reducing the amount of the Prepayment Costs (as that term is defined in Section 2.1(h)(ii) of the Stage A Transaction Agreement) incurred in respect of the Operational Projects in terms of the provisions of Section 2.1(h) of the Stage A Transaction Agreement, then and in such event the amount so saved (the "UNUTILIZED PREPAYMENT AMOUNT") shall be applied in respect of the Prepayment Costs to be incurred in respect of the repayment of the Construction Loan Facilities awarded to the Development Companies as contemplated in the Preliminary Agreement, provided however that the total amount of the Prepayment Costs to be incurred in respect of both Stage A (Operational Companies) and Stage B (Development Companies) will not exceed the aggregate amount of E521,000. (c) Accordingly, it is agreed that Klepierre shall pay Prepayment Amounts incurred in respect of the repayment of the Construction Loan Facilities by the Development Companies in terms of Section 3.2 of the Preliminary Agreement (Stage B) up to but not exceeding an amount equivalent to the Unutilized Prepayment Amount, and provided further that under no circumstances will Klepierre be required to pay an amount in excess of E521,000 in respect of the repayment of the loans of the Operational Companies and the Development Companies jointly. (d) For the avoidance of doubt, PCE undertakes to pay: (i) all Prepayment Amounts incurred in respect of the repayment of the Construction Loan Facilities of the Development Companies which exceed the Unutilized Prepayment Amount; and (ii) all Breakage Costs, as that term is defined in Section 2.1(h)(iii) of the Stage A Transaction Agreement; incurred in respect of the repayment of all the Construction Loan Faciliti...

Prepayment Costs. The Borrower shall pay to Lender, upon the demand of Lender, such other amount or amounts as shall be sufficient (in the reasonable judgment of the Lender) to compensate it for any loss, costs or expense incurred by it as a result of any prepayment by the Borrower (including voluntary or mandatory prepayment, voluntary or mandatory conversion of a LIBOR loan into a Prime loan, or prepayment due to acceleration) of all or part of the principal amount of a LIBOR loan prior to the last day of the LIBOR Interest Period for such loan (including without limitation, any failure by the Borrower to borrow a LIBOR loan on the loan date for such borrowing specified in the relevant notice of borrowing hereunder). Such costs shall include, without limitation, any interest or fees payable by Lender to lenders of funds obtained by it in order to make or maintain its loans based on the London interbank eurodollar market. Lender's determination as to such costs shall be conclusive and final, absent manifest error.