Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall reimburse each Lender for its funding losses due to such prepayment or failure to draw. Borrowers and Lenders hereby agree that such funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month: (a) Principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, plus (b) All actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders and Agent (excluding allocation of any expense internal to Lenders and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 6 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth & Income Fund Vii)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall reimburse each Lender for its funding losses due to such prepayment or failure to draw. Borrowers and Lenders hereby agree that such funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) Principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, plus
(b) All all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders and Agent (excluding allocation of any expense internal to Lenders and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 3 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth Fund Iii), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, agrees that in the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall reimburse each Lender for its funding losses due to such prepayment or failure to draw. Borrowers Borrower and Lenders hereby agree that such funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) 2.18.1 Principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, plus
(b) All 2.18.2 all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders and Agent (excluding allocation of any expense internal to Lenders and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 2 contracts
Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (American Finance Group Inc /De/)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in In the event that such the Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall the Borrower agrees to reimburse each Lender for its expenses and funding losses due to such prepayment or failure to draw. Borrowers The Borrower and the Lenders hereby agree that such expenses and funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) Principal principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, ; plus
(b) All all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by the Lenders and the Agent (excluding allocation allocations of any expense internal to the Lenders and the Agent) and reasonably attributable to such payment, prepayment payment or failure to draw down or convert as described aboveprepayment; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 1 contract
Samples: Revolving Credit Agreement (S3 Inc)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, agrees that in the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall reimburse each Lender for its funding losses due to such prepayment or failure to draw. Borrowers Borrower and Lenders hereby agree that such funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) 2.18.1 Principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, plus
(b) 2.18.2 All actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders and Agent (excluding allocation of any expense internal to Lenders and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 1 contract
Samples: Warehousing Credit Agreement (PLM International Inc)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in In the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall Borrower agrees to reimburse each Lender Bank for its expenses, funding losses and loss of anticipated profits due to such prepayment or failure to draw. Borrowers Borrower and Lenders the Banks hereby agree that such expenses, funding losses and loss of anticipated profit shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Periodin which such LIBOR Loan would have been outstanding, calculated as follows for each such month:
(a) Principal principal amount of such LIBOR Loan or requested LIBOR Loan times (number of days between the date of prepayment or failure to draw down or convert and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, ; plus
(b) All all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders Banks and Agent (excluding allocation allocations of any expense internal to Lenders Banks and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 1 contract
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in In the event that such the Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails fail to draw down or convert to a LIBOR Loan after giving notice thereof, it shall the Borrower agrees to reimburse each Lender for its expenses and funding losses due to such prepayment or failure to draw. Borrowers The Borrower and the Lenders hereby agree that such expenses and funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) Principal principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, ; plus
(b) All all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by the Lenders and the Agent (excluding allocation allocations of any expense internal to the Lenders and the Agent) and reasonably attributable to such payment, prepayment payment or failure to draw down or convert as described aboveprepayment; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 1 contract
Samples: Revolving Credit Agreement (Certified Grocers of California LTD)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, agrees that in the event that such Borrower prepays or is required to prepay any LIBOR Loan by acceleration or otherwise or fails to draw down or convert to a LIBOR Loan after giving notice thereof, it shall reimburse each Lender for its funding losses due to such prepayment or failure to draw. Borrowers Borrower and Lenders hereby agree that such funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) 2.19.1 Principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, plus
(b) 2.19.2 All actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by Lenders and Agent (excluding allocation of any expense internal to Lenders and Agent) and reasonably attributable to such payment, prepayment or failure to draw down or convert as described above; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
Appears in 1 contract
Samples: Warehousing Credit Agreement (PLM International Inc)
Prepayment of LIBOR Loans. Each Borrower agrees, severally but not jointly, that in In the event that such Borrower prepays the Borrowers prepay or is are required to prepay any LIBOR Loan by acceleration or otherwise or fails fail to draw down or convert to a LIBOR Loan after giving notice thereof, it shall the Borrowers agree to reimburse each Lender for its expenses and funding losses due to such prepayment or failure to draw. The Borrowers and the Lenders hereby agree that such expenses and funding losses shall consist of the sum of the discounted monthly differences for each month during the applicable or requested Interest Period, calculated as follows for each such month:
(a) Principal principal amount of such LIBOR Loan times (number of days between the date of prepayment and the last day in the applicable Interest Period divided by 360), times the applicable Interest Differential, ; plus
(b) All all actual out-of-pocket expenses (other than those taken into account in the calculation of the Interest Differential) incurred by the Lenders and the Agent (excluding allocation allocations of any expense internal to the Lenders and the Agent) and reasonably attributable to such payment, prepayment payment or failure to draw down or convert as described aboveprepayment; provided that no prepayment fee shall be payable (and no credit or rebate shall be required) if the product of the foregoing formula is not a positive number.
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